SCRANTON – An Olyphant couple are asking for judicial approval of a settlement with a daycare facility at which their toddler son was allegedly injured when his finger was caught in a closing door.
Kurt Lynott and Cassie Lynott (parents and natural guardians of Hunter Lynott) of Olyphant filed a settlement distribution petition in the Lackawanna County Court of Common Pleas on July 18 versus Perry’s Academy of Learning and Lee Ann Perry, of Dunmore.
The Lynotts sued the defendants based on an accident at the daycare’s premises on Aug. 12, 2014. According to the complaint, the plaintiffs’ son Hunter, then three years old, had his ring finger crushed when the defendants’ employee allowed a door to close upon said finger.
Hunter was given ongoing medical treatment, and Erie Insurance Exchange (the defendants’ provider) negotiated a settlement with the plaintiffs in the amount of $30,000. After the deduction of a 25 percent attorney’s fee and related costs, plus an insurance lien of $1,309.81, the final amount to be paid to the plaintiffs is $19,908.81.
Further, the plaintiffs agreed that the $19,908.81 to be paid to Hunter will be deposited into a money market account or CD at Fidelity Deposit & Savings Bank, along with a provision that no withdrawal can be made from the account until Hunter reaches the age of 18.
As such, the plaintiffs are requesting an order be entered by the Court approving the settlement of $30,000 and the requested allocation of funds.
The plaintiffs are represented by Sal Cognetti, Jr. of Cognetti & Cimini, in Scranton.
Lackawanna County Court of Common Pleas case 17-CV-3969
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com