Car crash plaintiff with small settlement motions to dispense funds

By Nicholas Malfitano | May 19, 2015

PHILADELPHIA – The counsel representing a plaintiff awarded a settlement of over $3,000 as a result of a 2010 motor vehicle accident has motioned for their client to sign a Schedule of Release, dictating those funds be dispensed to a number of entities to whom those funds are owed.

On Oct. 27, 2010, former Philadelphia resident Tony Fleming was driving near the intersection of School House Lane and Henry Avenue in the city’s East Falls neighborhood. He alleged “negligent, careless and reckless” driving on the part of Timothy Junio of Philadelphia and Emilie and Gary McElwee of Linwood, N.J., caused a collision.

Fleming’s account in his October 2011 lawsuit claimed the defendants were operating their vehicle “out of control” and at a dangerous rate of speed.

Fleming claimed to have suffered numerous permanent injuries in the crash, including cervical strain, cervicalgia and trapezius strain, in addition to emotional injuries, pain and suffering, and a loss of earnings power.

Further, Fleming claimed in order to treat those injuries, he incurred medical costs in excess of what is permitted by Pennsylvania’s Motor Vehicle Financial Responsibility Law and Workers’ Compensation benefits.

The plaintiff was seeking a final judgment not in excess of $50,000, plus court costs and attorney fees.

Subsequently, the defendants filed both a counterclaim and later a motion for summary judgment in May 2012. Philadelphia County Court of Common Pleas Judge Idee C. Fox granted the defendants’ summary judgment motion in July 2012, albeit without the coverage for attorney fees they requested.

Prior to arbitration in August 2012, the matter was settled – Fleming received an amount of $3,375 from the defendants’ insurance carrier.

No further activity took place in the matter for well over two years, until the plaintiffs attorney Marc F. Greenfield filed a motion on April 28 for Fleming to sign a Schedule of Release to dispense the settlement funds he received.

Greenfield claimed the funds should be distributed in the following amounts and to the following parties: Spear Greenfield Richman, $1,518.00 [Fees]; Spear Greenfield Richman, $1,171.49 [Costs]; Commonwealth of Pennsylvania Department of Public Works, $426.75; Recovery Services International, $187.68; and the District Attorney’s Office, $70.33; ostensibly, with Fleming receiving nothing for himself or his medical costs.

Court records show Fleming appears to now reside in Jacksonville, Fla.

Further, records from the Montgomery County Court of Common Pleas detail Fleming allegedly has nearly $4,300 in outstanding child support payments against him.

A hearing on this matter was to take place at Philadelphia City Hall in court chambers on May 18.

The plaintiff is represented by Marc F. Greenfield of Spear Greenfield Richman in Philadelphia, and Therese Tallarico Schweikert of Hubshman & Flood in Plymouth Meeting.

The defendant is represented by John I. Gordon of Lafayette Hill.

Philadelphia County Court of Common Pleas case 111003440

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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