Nicholas Malfitano Aug. 23, 2016, 3:53pm


PHILADELPHIA – As a result of a plaintiff attorney filing a motion to reactivate a previously-settled motor vehicle accident case, a Philadelphia judge has seen fit to grant the motion and the case will proceed.

Marc I. Simon filed a motion to strike on May 20, explaining an order to settle, discontinue and end Lindenwold, N.J. resident Kristal Moore’s case against Laurie Devaull of Stratford, N.J., Matthew Keenan of Philadelphia and MetLife, Inc. of New York City, was inadvertently initiated by Moore – when only the matters against Devaull and Keenan had been settled. Moore is still pursuing a claim against MetLife for uninsured motorist coverage.

Simon’s motion said the prior conclusion order must be lifted due to the subrogation interest of MetLife against Devaull and Keenan. Accordingly, Simon asked the Court to reinstate the matter, strike the discontinuance and reactivate the case.

On Aug. 19, Judge John M. Younge granted Simon’s motion, which officially nullified the prior order to settle, discontinue and end the litigation, reactivated the case and directed the creation of a new case management order – which listed the action for trial on March 6, 2017.

On Oct. 24, 2013, Moore was driving at the intersection of Gibbsboro Road and Emerson Avenue in Lindenwold, N.J. At the same time and place, defendant Devaull was operating a motor vehicle owned by Keenan. According to the lawsuit, Devaull’s negligent driving caused a collision which seriously injured Moore.

The plaintiff is seeking damages in excess of $50,000, plus costs and other relief in this case each from defendants Devaull (for negligence), Keenan (for negligent entrustment) and MetLife (for UIM coverage). At the time of the accident, Moore says she was covered by MetLife by a policy which included UIM coverage.

The plaintiff is represented by Simon of Simon & Simon, in Philadelphia.

The defendants are represented by Frank G. Gattuso of Sweeney & Sheehan and Grace Lim Slocum of the Law Office of Sue Ann Eckell, also both in Philadelphia.

Philadelphia County Court of Common Pleas case 150901646

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

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