Nicholas Malfitano Aug. 16, 2016, 11:28am


PHILADELPHIA – A plaintiff attorney chose to rescind a settlement enforcement motion in the case surrounding a North Philadelphia car accident which took place nearly three years ago.

Casey O. Srogoncik filed said motion for preliminary objections on May 11, explaining the litigation between plaintiffs Celeste Castillo and Edili Maria Nunez, and defendants Alberto Justiano of Huntingdon Valley, and Justiano’s employer, Good Deals Heating & Cooling, Inc. of Philadelphia, had been settled in February.

The terms of the settlement dictated Castillo to receive $4,500 and Nunez to receive $3,000, with executed releases sent to defense counsel on Feb. 8. Srogoncik said she had attempted multiple times to obtain the settlement checks from the defendants, but their counsel allegedly did not respond to multiple calls and e-mails.

Srogoncik requested the Court direct the defendants to issue the settlement checks to her in the amounts specified, in addition to interest at a rate of six percent and $1,000; representing the costs and attorney fees for the filing and representation of this motion.

However, on Aug. 10, Srogoncik filed a praecipe to withdraw the settlement enforcement motion, on behalf of the plaintiffs.

On Jan. 28, 2014, Justiano was driving at or near Rising Sun Avenue, when his alleged negligent operation of his vehicle caused an accident with another vehicle driven by Castillo and with Nunez as a passenger. The suit says Justiano’s negligence consisted of speeding, failure to warn of approach, failure to stop and failure to yield.

Though not listed in a separate count, the suit levied a charge of negligent entrustment against Good Deals Heating & Cooling, Inc.

Castillo allegedly suffered disc injuries, lumbago, cervical strain and sprain, knee strain and sprain, coccyx dislocation and other injuries, while Nunez suffered strain and sprain of her entire spine, shoulder and other injuries. Castillo and Nunez’s lawsuit includes individual charges of third-party liability against all defendants in this case.

Each plaintiff is seeking damages, jointly and severally, not in excess of jurisdictional arbitration limits, plus interest and costs from each defendant.

The plaintiffs are represented by Srogoncik of Clearfield & Kofsky, in Philadelphia.

The defendants are represented by Thomas D. Summerville, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150400039

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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