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PENNSYLVANIA RECORD

Friday, March 29, 2024

Delaware County court considering approval of $130K settlement in pedestrian wrongful death action

Lawsuits
Lawmoney12

MEDIA – A filing submitted in a wrongful death and survival proceeding subsequent to a fatal motor vehicle accident in Marple Township asks that a settlement of $130,000 be approved by a Delaware County court.

In a petition submitted July 9, George J. Badey III, counsel for plaintiff Russell Ogden, advocated for the Delaware County Court of Common Pleas to approve the distribution of a settlement in the amount of $130,000 to Russell and other beneficiaries in a wrongful death action.

Petitioner Russell Ogden is the husband of decedent Arlene Ogden, who case records state was killed in a motor vehicle accident on Sussex Road in Marple Township, on June 3, 2017. Arlene was a pedestrian/jogger fatally struck by a 2012 Toyota vehicle owned by Jennifer Tsang and operated by her daughter, Sherry Ye, who had fallen asleep at the wheel. Tsang and Ye are both of Broomall.

Since Ye admitted responsibility for the fatal accident, a complaint was not filed against her and Tsang – however, Erie Insurance tendered $100,000, the limit of Ye and Tsang’s coverage and only coverage to Russell’s counsel, along with same counsel receiving $30,000 worth of underinsured motorist benefits coverage from Arlene’s provider, State Farm Insurance.

State Farm also gave its permission for Russell to accept the $100,000 worth of coverage from Ye and Tsang. Russell’s petition declared that he and surviving sons John L. Ogden of Springfield and Russell Ogden III of Linefield, felt the settlement was reasonable and appropriate.

Per the petition and its related contingent fee agreements, the $130,000 settlement distribution should be broken down as follows:

• Counsel Fees: $32,384.81, representing 25 percent of the net recovery of the settlement and intended to cover investigating the incident, opening the estate and and processing the estate administration documents. According to the petition, “Counsel unilaterally reduced the fee to 25 percent from the original fee of 33 1/3 percent set forth in the original contingent fee agreement.”

• Associated Costs: $460.75, representing filing fees for the petition and to open Arlene’s estate, along with an additional fee to obtain police records.

• Petitioner Proceeds: $97,154.44, representing $90,000 for the wrongful death claim and $7,154.44 for the survival claim. Of the $90,000, the petition says Russell should receive $60,000 and both John Ogden and Russell Ogden III would each receive $15,000.

The plaintiff is represented by Badey of Badey Sloan & Di Genova, in Philadelphia.

Delaware County Court of Common Pleas case 2018-005405

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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