Motions to withdraw appearance and enforce settlement are rescinded in accident litigation

By Nicholas Malfitano | Jul 5, 2016

PHILADELPHIA – Motions from plaintiff counsel to withdraw appearance and defense counsel to enforce settlement in a car accident case have both been withdrawn by the attorneys who initially filed them.

Scott E. Diamond filed a motion to withdraw appearance on May 16, explaining Samson McQueen’s lawsuit against Israel Vargas and Mauro Morales-Saligan had been settled for $15,000, the available limit of his client’s insurance policy. However, McQueen allegedly told Diamond he “wanted his day in court” and refused to sign a settlement release, leaving the attorney-client relationship “irreparably impaired.”

However, Diamond further filed a praecipe to withdraw the original motion on June 29.

Additionally, Michaella Ann Tassinari filed a motion to enforce settlement on behalf of Vargas, claiming the settlement documents hadn’t been signed and her client suffered prejudice as a result. Tassinari wanted to compel plaintiff counsel to forward the executed documents to the defense, so as to settle, discontinue or end the litigation properly.

But on June 29, Tassinari similarly filed a praecipe to withdraw this settlement enforcement motion on June 29.

On April 13, 2014, McQueen was a passenger in a vehicle operated by defendant Morales-Saligan at or near the intersection of 5th Street and Hunting Park Avenue in Philadelphia. At the same place and time, fellow defendant Vargas allegedly made a negligent left turn in front of the Morales-Saligan vehicle, causing an intersectional collision in the process.

McQueen allegedly suffered herniated discs at his L1-L2 and T11-T12 vertebrae, a bulging disc at his L4-L5 vertebrae and another disc herniation at the juncture of his L5-S1 vertebrae.

The plaintiff is seeking judgment against the defendants, individually, jointly and severally, not in excess of $50,000, plus pre-judgment interest, costs and fees in this case.

The plaintiff is represented by Diamond of Sacks Weston Diamond and Jeffrey N. Kale, in Philadelphia.

The defendants are represented by Tassinari and Taraneh Thompson of Robert J. Casey Jr. & Associates, also in Philadelphia.

Philadelphia County Court of Common Pleas case 141002646

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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