I-76 car crash plaintiffs seeking to enforce settlement

By Nicholas Malfitano | Oct 13, 2015

Theodore C. Levy  

PHILADELPHIA – The attorney for plaintiffs injured in a car crash on I-76 in Philadelphia are seeking to enforce the terms of a prior settlement reached with the case’s defendants.

On Aug. 10, Theodore C. Levy filed a motion to enforce settlement on behalf of his clients, Franklin Nelson and Brian Mitchell of Philadelphia, and Douglas Jackson on Winston-Salem, N.C., against defendants Ian Glaser of Collingswood, N.J. and Self, Inc. of Philadelphia.

Reached on June 17, the settlement stipulated $10,000 be paid to Mitchell, $7,500 to Nelson and $5,000 be paid to Jackson. The motion explains defense counsel member Francesca A. Iacovangelo tendered checks for a portion of the settlement amounts, but contends Kevin R. McNulty has not.

Thus, Levy’s motion asks for the remaining funds to be disbursed: $2,500 to Mitchell, $1,875 to Nelson and $1,250 to Jackson within five days of the order. Additionally, it terms Self, Inc. pay interest of 4.25 percent from July 26 to the funds’ date of delivery, plus $2,000 in attorney’s fees and $57.68 in filing fees within five days of the order. If they do not, Levy also asked they face sanctions. 

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

On Feb. 11, 2013, Nelson, Jackson and Mitchell were passengers in a vehicle owned by Self, Inc. and driven by Gregory A. Brown in the course of his employment. The vehicle was proceeding west on I-76 in Philadelphia near mile marker 347, when Brown slowed to a stop due to heavy traffic conditions on the road. At that time, the suit alleges Glaser was speeding and struck the plaintiffs’ vehicle at a high rate of speed, causing serious injuries to the occupants.

The plaintiffs are each seeking a sum not in excess of $50,000, plus interest, delay damages and costs from all defendants in this case. The plaintiffs further seek damages under the Pennsylvania Motor Vehicle Code and first-party benefits from Self, Inc.

The plaintiffs are represented by Theodore C. Levy of Fine & Staud, in Philadelphia.

The defendants are represented by Kevin R. McNulty of Gerolamo McNulty Divis & Lewbart and Francesca A. Iacovangelo, both in Philadelphia.

Philadelphia County Court of Common Pleas case 131101208

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

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