Further proceedings slated for settlement enforcement in car crash case

By Nicholas Malfitano | Oct 26, 2015

Theodore C. Levy  

PHILADELPHIA – After the completion of an Oct. 9 hearing on settlement enforcement for plaintiffs injured in a car crash on I-76 in Philadelphia, another hearing on the subject has been set to continue those proceedings.

Philadelphia County Court of Common Pleas Judge Linda Carpenter ruled Oct. 13 that further discussions on the topic of settlement enforcement in Nelson Et.Al v. Glaser Et.Al would take place this Friday..

On Aug. 10, Theodore C. Levy filed a motion to enforce settlement on behalf of his clients, plaintiffs Franklin Nelson and Brian Mitchell of Philadelphia, and Douglas Jackson o 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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