Plaintiff counsel seeking state assistance in resolving minor plaintiff's accident claims

By Nicholas Malfitano | Sep 8, 2015

Marc I. Simon  

PHILADELPHIA – Representatives for a minor plaintiff in a motor vehicle accident case are seeking to fully resolve her settlement claims through assistance from the state.

Attorney Marc I. Simon filed a motion to compel on May 21, in order to compel the Pennsylvania Department of Human Services (formerly the Pennsylvania Department of Public Welfare) to produce a final statement of claim and/or a reduced lien amount within 45 days.

The motion stipulated if the agency did not respond in a timely manner, it would forfeit and waive any claim to settlement proceeds in this matter.

The minor plaintiff in this action, Niyah Batista, is 14 years old. A settlement was reached in regards to her damages from the accident in an amount of $17,500. Plaintiff counsel contacted the DHS for final lien information on Dec. 4, but supposedly received no response.

Plaintiff counsel claims they cannot file a petition for leave to settle or compromise the minor’s claim until the DHS provides the necessary information, and that Niyah has been “deprived of resolution due to this inexcusable delay.” 

A hearing in this matter was set for Thursday at Philadelphia City Hall, in Court chambers.

The Batistas’ lawsuit, filed in October 2014, is connection with a motor vehicle accident which took place nearly two years ago.

On Sept. 16, 2013, Pennsauken, N.J. resident Francheska Batista was driving in Philadelphia at the intersection of Aramingo and Venango Streets, with her daughter Niyah as a passenger in her vehicle. Philadelphia resident Estella McCloskey, driving at the same place at that same time, allegedly operated her vehicle negligently and caused a serious collision.

The plaintiffs suffered serious and permanent personal injuries, impairment of bodily function and other injuries in the accident.

The plaintiffs are each seeking in excess of $50,000, plus costs and other relief in this case.

The plaintiffs are represented by Marc I. Simon of Simon & Simon, in Philadelphia.

The defendant is represented by Jonathan Auth of Snyder & Barrett, also in Philadelphia.

Philadelphia County Court of Common Pleas case 141000346

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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