Conflict with client leads plaintiff attorney to withdraw from accident case

By Nicholas Malfitano | Dec 15, 2015

Theodore C. Levy  

PHILADELPHIA – An attorney for a Philadelphia couple suing to recover damages in an automobile accident opted to withdraw from representing his clients, due to a conflict with one of those same plaintiffs.

Theodore C. Levy of Fine & Staud in Philadelphia filed a motion to withdraw his appearance on Oct. 27 from representing Rosa McFadden and Ernest McFadden Jr., also of Philadelphia. Ernest responded to interrogatories on Dec. 16, and appeared for a deposition on May 15.

After his deposition, the defense produced documents detailing Ernest’s medical records and treatment, prior to the date of the car accident on Sept. 25, 2013.

Pursuant to Pennsylvania’s Rules of Professional Conduct, Levy requested to withdraw from the suit. If the Philadelphia County Court of Common Pleas required more information, Levy said he would be willing to provide those details through an in-camera discussion, so as not to breach attorney-client privilege. 

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

On Sept. 25, 2013, the McFaddens were driving south on Broad Street near its intersection with Arch Street, in Philadelphia. At the same place and time, Leonardo Camacho of Perth Amboy, N.J. was operating a truck on behalf of his employer and fellow defendant, Continental Courier Corporation of Edison, N.J. Both vehicles attempted to turn right onto Arch Street at the same time, which led to a collision, the suit says.

The plaintiffs allege Camacho was speeding and improperly executed his turn, which led to his truck rolling over their car.

In October 2014, the plaintiffs sued the defendants for two counts of negligence, negligent entrustment and property damage. The plaintiffs are each seeking, individually, jointly and severally, damages in excess of $50,000, plus delay damages and costs of suit in this case.

The defendants are represented by Jay D. Branderbit and Patrick J. Mahoney of Kent & McBride, also in Philadelphia.

Philadelphia County Court of Common Pleas case 141001191

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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