Lawyer says client not responding to calls, settlement offer

By Nicholas Malfitano | Jul 9, 2015

Harry J. Oxman  

PHILADELPHIA – Counsel for a plaintiff involved in a severe pedestrian-car motor vehicle accident has petitioned the Philadelphia County Court of Common Pleas to be released from that professional responsibility.

Harry J. Oxman of Oxman Goodstadt Kuritz in Philadelphia, motioned to the Court on June 2 to withdraw his appearance as the counsel of record for Chester resident Darrius Doss.

As grounds for his withdrawal, Oxman cited “a failure of cooperation” on the part of his client Doss, in not cooperating with discovery requests from the defense, or responding to his emails and telephone calls since early March. Further, Oxman contended Doss failed to respond to offers a settlement from the defense.

Oxman stated Doss has had adequate notice of his intention to withdraw as his attorney, and to seek new legal counsel. Doss first filed his lawsuit in February (and an amended complaint the following month), in connection with an accident transpiring over two years ago.

On Feb. 13, 2013, Doss was working alongside the rear of vehicle on the side of Cheltenham Avenue in Philadelphia, when he alleges Melinda Winn, who was driving a vehicle owned and operated by her employer MV Transportation on Cheltenham Avenue at the time, collided with him and propelled him into his own vehicle.

Doss alleges Winn was speeding and driving erratically at the time of the crash, not “having due regard for his presence” at the side of the roadway. In addition to Winn’s alleged negligence, Doss levied a claim of negligent entrustment against MV Transportation, for placing the responsibility of safely operating the vehicle on Winn.

In the accident, Doss sustained strain and sprain of his cervical and lumbar spine, cervical radiculopathy, cervical and lumbar subluxation, right knee contusions, right knee patellar tendinitis and post-traumatic headaches.

The plaintiff is seeking judgment against all defendants, not in excess of $50,000.

The defendant is represented by Michael T. O’Neill and Michael E. Bonner of Ansa Assuncao, also in Philadelphia.

Philadelphia County Court of Common Pleas case 150201369

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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