Defense counsel opts to withdraw settlement enforcement motion in crash case

By Nicholas Malfitano | Aug 16, 2016

PHILADELPHIA – Counsel for a pair of defendants in a serious motor vehicle accident has elected to withdraw a settlement enforcement motion, approximately three months after filing it

Lori C. Miller filed said motion on May 12, explaining negotiations took place between plaintiff Aaron Smith and defendants James and Beverlyn Brooker, and the parties settled the matter for $24,000. Miller said an order to “Discontinue, Settle and End” was sent to Smith’s counsel on Nov. 11, but he had not signed the release in the intervening six months. Miller further stated Smith had an outstanding non-distribution child support order totaling $15,794.66, and Smith’s failure to sign the release led her clients to be “unnecessarily prejudiced.”

However, on Aug. 10, Miller filed a praecipe to withdraw the settlement enforcement motion, on behalf of the Brookers.

On Jan. 18, 2013, Smith says he was a pedestrian crossing Hunting Park Avenue at or near 19th Street in Philadelphia, when a first vehicle driven by motorist and defendant Marlon Sharpton made a “careless and negligent” left-hand turn, the lawsuit says. When Sharpton made the turn onto Hunting Park Avenue, Smith was struck and thrown into the path of a second vehicle, the Brookers’, and was likewise struck by their vehicle as well, the lawsuit says.

Smith allegedly suffered a closed head injury, sinus fractures, orbital fractures, post-concussion syndrome with post-traumatic cephalgia, strain and sprain of his entire spine, plus strain and sprain of both knees and his left shoulder.

Smith’s lawsuit contains charges of negligence against Sharpton, negligent entrustment against James Brooker, negligence against Beverlyn Brooker and uninsured motorist/first-party benefits against Pennsylvania Financial Responsibility Assigned Claims Plan.

The plaintiff is seeking damages not in excess of jurisdictional arbitration limits from each defendant.

The plaintiff is represented by David S. Berman of Matkoff Shengold Burke Blyweiss & Arbittier, in Philadelphia.

The defendants are represented by Miller of Goldberg Miller & Rubin, plus Michael Senoyuit III of Senoyuit & Associates, both in Philadelphia.

Philadelphia County Court of Common Pleas case 150100825

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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