MEDIA – A fatal motor vehicle collision and subsequent lawsuit in a Delaware County court has had a settlement in the action approved at a final amount of $200,000.
Daniel M. Shaffer (Executor of the Estate of Margery A. Shaffer) of Swarthmore initially filed a petition in the Delaware County Court of Common Pleas on Feb. 3 versus Patrick J. Barron and United Services Automobile Association (doing business as “USAA”) of San Antonio, Texas.
“The Petitioner believes and therefore avers that the decedent Margery A. Shaffer died on July 26, 2019 at approximately 12:57 a.m. as a result of the pedestrian/vehicle accident, without lengthy conscious pain and suffering, which is consistent with the Medical Examiner’s records,” the petition stated.
“Therefore, it is believed and averred that an equal portion be allocated between the wrongful death claim and the survival claim of the decedent, Margery A. Shaffer. In support thereof, the petitioner believes and therefore avers that the decedent did not experience prolonged, conscious pain and suffering, which is the legal basis for the survival claim.”
The parties agreed to settle the third-party claim with Nationwide Insurance and the underinsured motorist claim with USAA, including claims for wrongful death and survival and combined total sum of $200,000, in exchange for a release of all claims of the respondents, Patrick J. Barron and USAA respectively.
As settlement proceeds, both Nationwide and USAA each contributed $100,000, for a grand total of $200,000. It was then decided that $100,000 would be allocated to the decedent’s estate for the survival claim and $100,000 to the wrongful death claims of the decedent’s five sons, Steven J. Shaffer, David R. Shaffer, Michael E. Shaffer, Richard A. Shaffer and Daniel M. Shaffer.
Petitioner’s counsel was marked to receive one-third of the settlement, $66,666.66, in accordance with the requisite fee agreement, and a health care lien was resolved at a total cost of $7,156.55. Therefore, the final settlement is proposed as follows:
• Counsel Fees to Andrew J. D’Amico: — $ 66.666.66
• Expenses and Costs to Andrew J. D’Amico: — $481.75
• Equian for Health Care Lien: — $7,156.55
• Wrongful Death Claims: (50% — $62,847.50)
Steven J. Shaffer — $12,569.50
David R. Shaffer — $12,569.50
Michael E. Shaffer — $12,569.50
Richard A. Shaffer — $12,569.50
Daniel M. Shaffer — $12,569.50
• Survival Claim: (50% — $62,847.54)
Estate of Margery A. Shaffer, Deceased — $62,847.54
• Total: $200,000
UPDATE
On Feb. 25, Delaware County Court of Common Pleas Judge Barry C. Dozor approved the proposed settlement, by the same terms prescribed and specified above.
“Upon consideration of the attached petition filed by the petitioner herein, it is hereby ordered and decreed that petitioner is authorized to enter into a settlement with Nationwide Mutual Fire Insurance Company, on behalf of Patrick J. Barron, their insured, for $100,000, and USAA for the Underinsured Motorist Benefits on behalf of Daniel M. Shaffer, Executor of the Estate of Margery A. Shaffer, for $100,000, or a total gross amount of $200,000,” Dozor stated.
The petitioner was represented by Andrew J. D’Amico in Media.
The respondents were represented by Hugh J. Gillespie in Plymouth Meeting.
Delaware County Court of Common Pleas case CV-2021-001308
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com