MEDIA – The daughter of a woman killed in a motor vehicle accident in March of this year has petitioned the Orphans Court of Delaware County to distribute nearly $350,000 in wrongful death and survival proceeds, as the administrator of her mother’s estate.
Jacquelyn M. Achuff of Phoenixville filed papers in the Delaware County Court of Common Pleas on Oct. 3, with respect to the action involving the estate of her mother, Estelle Lila Achuff.
Estelle was killed on March 9 as a passenger in a motor vehicle accident that occurred near the intersection of Market Street and Bethel Avenue, in Upper Chichester Township.
Estelle was not married and her daughter Jacquelyn was her only heir.
The petition states that the accident was caused by the negligence of Barry J. Wooten, who was operating a vehicle with a policy limit of $100,000 from Allstate Insurance Company – a sum Jacquelyn stated she would accept as a full and final settlement from Wooten. There was an additional policy in effect for Estelle’s insurance, which provided $250,000 per person in underinsured motorist coverage, which the plaintiff also accepts.
This past summer, both the Pennsylvania Department of Human Services and Cigna stated there were no liens against Estelle’s estate – however, Medicare stated that was an unpaid lien of $98.86.
“Counsel is of the opinion that the proposed settlement is reasonable. There are no costs incurred by counsel. There are no attorney’s fees incurred by counsel. Petitioner requests allocation of the net proceeds of the settlement as follows:
• Survival Claim: $10,500
• Wrongful Death Claim: $339,500
“This allocation is appropriate because the administratrix is entitled to reimbursement for loss of companionhip and funeral expenses.”
According to the Wrongful Death Statute, Jacquelyn and her counsel argue that the beneficiaries of the Wrongful Death Claim and the proportion of their interest is as follows:
• Loss Of Companionship: $335,211.14
• Pecuniary Loss: $4,190 (Funeral Expenses)
• Medicare Loss: $98.86
Therefore, Jacquelyn and her counsel seek settlement proceeds of $349,901.14, distributed as follows from the original total of $350,000:
• Reimbursement Of Costs (To Jacquelyn): $4,190
• Wrongful Death/Loss Of Companionship (To Jacquelyn): $335,211.14
• Survival (To Jacquelyn): $10,500
• Lien Repayment (To Medicare) $98.86
The plaintiff is represented by Kelly J. Fox of Gerolamo McNulty Divis & Lewbart, in Philadelphia.
Delaware County Court of Common Pleas case 2018-007802
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com