Hearing slated on settlement in child care injury case

By Nicholas Malfitano | Oct 6, 2015

Philadelphia County Court Of Common Pleas Judge Matthew D. Carafiello  

PHILADELPHIA – A Philadelphia County Court of Common Pleas judge wants to know why a court order authorizing settlement for a mother and her daughter who was allegedly injured at an area child care facility hasn’t been followed.

An order from Judge Matthew D. Carafiello on Sept. 17 set a hearing for this past Monday, to find out why a prior March 27 court order, which paved the way for a settlement between plaintiffs Kimberly Shields and her minor daughter Bahiyah Shields against Nikita Smith and Tianna’s Terrific Tots, had not been complied with. All parties in this case are based in Philadelphia.

The prior order authorized settlement for the following amounts:

- Bahiyah Shields: $12,972.78 (damages);

- Marshall E. Kresman: $678.11 (reimbursement of costs);

- Marshall E. Kresman: $7,078.54 (counsel fees);

- Department of Public Welfare: $820.57 (lien); and

- Dr. Randall N. Smith: $450.00 (outstanding balance).

Additionally, the settlement stipulated an amount of $12,972.78 would be set up in a savings account for disbursement when Bahiyah reached majority age, and not to be withdrawn from except for payment of city, state and federal income taxes on earned interest, or by a prior order of the court.

On Jan. 25, 2011, Bahiyah was at Tianna’s Terrific Tots when she was allegedly injured due to the negligence of the facility’s staff. A staff member is alleged to have lifted and swung Bahiyah by her right arm, causing her to sustain a right Type I supracondylar fracture, along with severe and permanent nervous system shock.

Kimberly’s lawsuit claims the defendants’ failure to supervise or oversee the minor children on site, failure to stop roughhousing and horseplay by facility staff, and failure to adequately train, supervise or oversee facility employees led to Bahiyah’s injury.

The lawsuit further asserted both Kimberly and Bahiyah would be obligated to spend sizable sums in medical costs to treat Bahiyah’s injury, especially when she reached majority age.

The plaintiffs are seeking a sum not in excess of $50,000, plus interest and costs from all defendants in this case.

The plaintiffs are represented by Marshall E. Kresman of The Law Offices of Marshall E. Kresman in Bensalem.

The defendants are represented by William G. Cilingin of Naulty Scaricamazza & McDevitt in Philadelphia.

Philadelphia County Court of Common Pleas case 130101133

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

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