PHILADELPHIA – A Philadelphia judge has denied an attorney’s motion with withdraw from a car crash case, despite counsel citing a lack of cooperation and an intent of his client to discontinue pursuing damages.
Marc I. Simon first filed a motion to withdraw appearance on April 5, claiming plaintiff Mann Lav has been “uncooperative, missed several depositions and refused to participate in the discovery process.”
After several months of unsuccessful attempts at contact, Simon said Lav reached out to him and stated his intention to no longer pursue the litigation. Based on this development, Simon filed his motion to withdraw – and added if the Court required more information, this would be disclosed during an in-camera discussion, so as not to breach attorney-client privilege.
On July 1, Judge John M. Younge, after due consideration, officially denied Simon’s withdrawal motion.
On Aug. 2, 2013, Lav was driving near the intersection of Rising Sun Avenue and Adams Avenue in Philadelphia, when at the same time and place, Luis Alberto Aponte was driving a vehicle owned by his spouse, Zulma Aponte. As a result of Luis’s allegedly negligent driving, the cars collided and Lav was seriously injured, the suit claims.
Lav says he suffered permanent personal injuries and impairment of bodily function in the accident.
The plaintiff was seeking damages in excess of $50,000 from Luis for negligence and an equal amount from Zulma for negligent entrustment.
The defendants are represented by Benjamin C. Hoffman of Hubshman Flood & Bullock, in Plymouth Meeting.
Philadelphia County Court of Common Pleas case 150401413
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com