Motions to enforce settlement filed on both sides of car accident case

By Nicholas Malfitano | Jul 19, 2016

PHILADELPHIA – A Philadelphia woman allegedly injured in an auto accident is seeking a six-figure settlement from both the defendant driver and the City of Philadelphia, and motions to enforce a settlement have now been filed on both sides of the related litigation.

Marc I. Simon filed motions to enforce settlement on April 22 on behalf of his client Cathy Bennett-Santos, who is seeking $140,000 per the terms of a settlement reached on June 26, with defendants Melvita Shamberger and the City of Philadelphia.

Simon stated the plaintiff agreed to pay the firm of Simon & Simon a 40 percent fee if the case was resolved by settlement in advance of trial.

Should the court desire further information, Simon said he would be willing to provide it through an in-camera hearing, since the plaintiff has refused to sign the settlement release.

Sheldon Kivell also filed an opposing motion, also to enforce a settlement on May 13.

On Nov. 25, 2013, the suit states Bennett-Santos was a passenger in a vehicle traveling northbound at the intersection of 29th Street and Huntington Avenue. The defendant, Shamberger, was driving her motor vehicle at the same time place, and her alleged negligent driving caused a collision.

Bennett-Santos allegedly suffered serious and permanent personal injuries, impairment of bodily function, serious disfigurement and aggravation of injuries, and sued Shamberger and the City of Philadelphia for negligence and negligent entrustment under the respondeat superior theory of liability.

The plaintiff is seeking judgment in excess of $50,000, plus all costs and other relief in this case.

The plaintiff is represented by Simon of Simon & Simon, in Philadelphia.

The defendants are represented by Kivell of the City of Philadelphia’s Law Department, also in Philadelphia.

Philadelphia County Court of Common Pleas case 140604706

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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