PHILADELPHIA – Plaintiff counsel in a car crash case emanating from Springfield Township wants the terms of a February settlement in that case held accountable.
Stephen W. Bruccoleri filed a motion to enforce settlement on May 12, explaining the case between Stephen Doucette of Clifton Heights and Robert V. Rago of Philadelphia and Wheat Services, Inc. of Prospect Park had been settled in February for $17,000.
Bruccoleri said a duly executed release was provided to defense counsel, but the defendants themselves allegedly refused to make payment (unless provided with a CMS Final Settlement Document), in violation of the settlement terms. Bruccoleri promised to file the motion if payment had not been made by May 10.
Through the enforcement motion, Bruccoleri requests the full settlement amount of $17,000, plus $750 for one hour of due diligence and $57.68 in filing fees and costs.
On April 26, 2013, Doucette was stopped for traffic on the 200 block of Baltimore Pike in Springfield Township, located in Delaware County, when he was allegedly suddenly and unexpectedly rear-ended by Rago. Rago’s alleged negligence consisted of failing to have the vehicle under control, speeding, following too closely, and failure to abide by the rules of the road, in addition to other violations.
Doucette allegedly suffered chronic post-traumatic headaches, traumatic symptomatic intrasubstance tears of the rotator cuff tendon of the left shoulder, tendinosis of the rotator cuff tendon and disc injuries related to his C5-C7 vertebrae.
The suit contains counts of negligence versus Rago, negligent entrustment and vicarious liability versus Wheat Services, Inc., and property damages/storage/rental expenses versus both defendants, with the plaintiff seeking damages in excess of $50,000 on each count.
The plaintiff is represented by Bruccoleri in Philadelphia.
The defendants are represented by Maureen E. Daley and Cheng To of Rawle & Henderson, also in Philadelphia.
Philadelphia County Court of Common Pleas case 150301957
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com