Slip-and-fall plaintiff wants revised settlement terms to protect future claims

By Nicholas Malfitano | Dec 9, 2015


PHILADELPHIA – A plaintiff allegedly injured in a fall at an area YMCA is seeking the issuance of a revised settlement release to protect her ability to file a future malpractice claim.

Stephen B. Lavner filed a motion to enforce settlement on Aug. 28, on behalf of his client, Lyn Thomas of Philadelphia. Lavner indicated a May 1 mediation session led to a settlement offer of $120,000 to his client, but Thomas did not execute the settlement, since the terms of the original settlement release would prevent Thomas from filing a malpractice claim in the future.

Lavner claimed the defense’s “failure to consent to preparation of a revised release to protect claims is wrongful.”

A hearing in this matter was rescheduled for Dec. 3 in court chambers at Philadelphia City Hall.

On July 6, 2012, Thomas was at the Abington YMCA facility when she tripped and fell on a step missing a gripper when exiting the women’s locker room. Thomas alleged the defendants’ collective negligence in not ensuring the steps were able to be used safely directly led to her fall, and sued the YMCA of Philadelphia & Vicinity, Abington YMCA and Philadelphia Freedom Valley YMCA.

Thomas suffered various injuries, including a fracture with internal derangement and injury necessitating surgery consisting of left foot triple arthrodesis of calcanecuboid, talonavicular and subalar joints with bone graft implementation of hardware; tear of the left lateral meniscus needing (1) surgical arthroscopy of the left knee, (2) manipulation of the left knee under anesthesia, (3) arthrocentesis, (4) meniscectomy and synovectomy; disc herniation at the L3-L4 vertebrae and disc protrusion at the L4-L5 vertebrae; lumbar radiculopathy and chronic pain syndrome with thoracic and myoligamantous spinal supporting structure injury; plus other injuries to her back, left knee and left ankle.

The plaintiff is seeking damages in excess of $50,000, plus costs, interest, delay damages, attorney’s fees and other relief in this case.

The plaintiff is represented by Lavner of Friedman Schuman in North Wales, and Robert H. Nemeroff in Jenkintown.

The defendants are represented by Joseph M. Toddy and Michelle Sergent Kaas of Zarwin Baum DeVito Kaplan Schaer & Toddy in Philadelphia.

Philadelphia County Court of Common Pleas case 140601332

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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