Nicholas Malfitano Aug. 29, 2016, 2:21pm


PHILADELPHIA – A personal injury litigation in Philadelphia is no longer facing a motion to compel resolution through the delivery of a settlement payment.

At the outset, Marc I. Simon filed a motion to compel payment of settlement on June 23, explaining Nevorn Edwards’s action versus The Scraper Team, LLC and the City of Philadelphia was settled on May 20 for $25,000.

According to Simon, however, the defendants refused to provide the settlement funds without receiving correspondence that Edwards did not owe Medicare any reimbursement. Simon claimed such a request was never part of the settlement negotiations and that the defense can’t cite any materials, laws or cases which would require such correspondence.

Simon initially said the plaintiff has been harmed by this delay and in addition to the settlement funds, sought an additional $557.68 in sanctions for time spent preparing and filing the motion in question.

But on Aug. 25, Simon filed a praecipe to withdraw the settlement compulsion motion.

On Nov. 6, 2013, Edwards fell on an allegedly defective sidewalk located between 63 and 65 North 63rd Street. Edwards argued the defendants’ collective failure to remedy the dangerous condition and comply with city building codes directly caused his fall.

Solomon allegedly suffered a number of serious and permanent personal injuries in the accident, of both a physical and emotional nature, and is seeking in excess of $50,000 plus all costs and other relief in this case.

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

The defendants are represented by J. Brian Durkin and William B. Shuey of the City of Philadelphia’s Law Department, plus David H. Denenberg of Abramson & Denenberg, all in Philadelphia.

Philadelphia County Court of Common Pleas case 141102422

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

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