PHILADELPHIA – Distribution is imminent in a settlement reached with a young woman who allegedly suffered knee injuries from a medicine ball thrown in her direction when attending a Center City fitness center.
On Aug. 13, plaintiff counsel filed a motion/application for distribution of minor’s compensation on behalf of plaintiff D.F. in the amount of $12,000. Among those funds, $633.48 will go towards KaplunMarx for reimbursement of costs, another $3788.84 to the KaplunMarx firm for one-third of the net settlement, and $1,837.47 to the Pennsylvania Department of Human Services.
This leaves a total of $5,740.21 payable to D.F., according to court records. A response to the motion is due by Sept. 3.
D.F. (represented by her mother and natural guardian, Denise Blocker) of Philadelphia initially filed suit in the Philadelphia County Court of Common Pleas on Aug. 22, 2017 versus 3890 North 10th Street, Inc. (doing business as “The Lenfest Center”), of Wayne.
D.F. is a minor living with Blocker and on Oct. 17, 2014, she was at The Lenfest Center and was walking through the fitness room with two friends, when a young man followed her into the room and threw a medicine ball that struck the plaintiff, causing her to fall and sustain a number of injuries, the suit said.
Footman and Block claimed the defendant’s negligence failed to adequately supervise and control the children at their facility, failed to maintain safe premises and failed to stop the young man from throwing the medicine ball at Footman, among other charges.
In the accident, Footman suffered a left knee injury and chronic patella femoral pain, aggravation and instigation of pre-existing conditions, the suit said.
Prior to settlement and for negligence, the plaintiffs were seeking damages not in excess of $50,000.
The plaintiffs were represented by Jonathan D. Marx and Ashley E. Killeen of Kaplun Marx, in Bala Cynwyd.
The defendant was represented by Kevin R. McNulty and John A. Dougherty of Gerolamo McNulty Divis & Lewbart, in Philadelphia.
Philadelphia County Court of Common Pleas case 170802069
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com