SCRANTON – A fatal motor vehicle collision and subsequent lawsuit in a Lackawanna County court has had a settlement petition in the action submitted at an amount to be distributed of $100,000.
Stephanie Toye Feliciano (individually and as Administratrix of the Estate of Leah Toye) of Archbald initially filed a petition in the Lackawanna County Court of Common Pleas on Sept. 3 versus State Farm Insurance Company of Bloomington, Ill.
“On or about Dec. 29, 2020, decedent, Leah Toye, was operating a 2013 Subaru Outback with the permission and/or consent of the owner, David A. Toye, which was traveling South on the Roosevelt Highway, Business Route 6, Carbondale Township, Lackawanna County, Pennsylvania,” the petition stated.
“On the aforesaid date and time defendant, Eric Mosher, while operating a 2012 Jeep Patriot with the permission and/or consent of the owner, defendant Stacey Seana, was traveling East in the right lane of Roosevelt Highway, Business Route 6, Carbondale Township, Lackawanna County, Pennsylvania, when he suddenly and without warning, forcefully struck the plaintiff’s vehicle on the right front side.”
Due to the accident, decedent Leah Toye was unconscious and taken by ambulance to the emergency room at Geisinger Community Medical Center and then life lined to Geisinger Wyoming Valley Hospital, wherein shortly thereafter Ms. Toye passed away from her injuries on Jan. 8.
At the time of the decedent’s death she did not have a will. The surviving beneficiaries of the Estate are her daughters, Stephanie Toye Feliciano (37 years old) and Molly Toye (31 years old), and her son, David Toye (29 years old).
“As a result of the ongoing discussions with State Farm Insurance Company, a settlement was reached on the underinsured claim in the amount of $100,000. In pursuing the instant claim, petitioner has incurred attorney fees in the amount of $33,333.33. Further, petitioner’s counsel, Thomas W. Munley, Esq., has also incurred costs totaling $423.60,” the petition added.
“Petitioner and counsel aver that the costs are reasonable based upon counsel's experience in investigating this incident and negotiating this settlement. Petitioner contacted the Pennsylvania Department of Revenue for approval of distribution of the settlement of $100,000: $90,000 for wrongful death and $10,000 towards survival action. The Department of Revenue had responded that it would approve the requested apportionment with $90,000 apportioned to the wrongful death claim and $10,000 to the survivors’ claim.”
The Department of Revenue responded that it would in fact approve such a monetary apportionment, the petition stated.
“Petitioner believes that based upon the circumstances of the death of Leah Toye, the age of plaintiff decedent, 66 years at the time of death, and the damage involved, the foregoing settlement and apportionment as approved by the Department of Revenue is fair and reasonable,” the petition continued.
Therefore, the final settlement is proposed as follows:
• Wrongful Death Claims: (90% — $90,000)
Costs & Attorney’s Fees Expended
Edward G. Krowiak & Thomas W. Munley — $27,000
Thomas W. Munley — $211.80 (50% of costs)
Harrison Funeral Homes — $3,606
Stephanie Toye Feliciano, Administratrix of the Estate of Leah Toye — $59,182.20
• Survival Claim: (10% — $10,000)
Costs & Attorney’s Fees Expended
Edward G. Krowiak & Thomas W. Munley — $3,000
Thomas W. Munley — $211.80 (50% of costs)
Stephanie Toye Feliciano, Administratrix of the Estate of Leah Toye — $6,788.20
• Total: $100,000
“Petitioner is aware that upon approval, this settlement will fully and finally settle and terminate claims regarding the underinsured carrier, State Farm Insurance Company. Based upon the circumstances of this accident, the liability and damage issues which would be involved in the litigation of this matter, petitioner believes that the above settlement, apportionment and distribution is fair and reasonable,” the petition said.
The plaintiffs is represented by Edward G. Krowiak and Thomas W. Munley of Minora Krowiak Munley Batyko, in Scranton.
The defendant did not have legal counsel listed.
Lackawanna County Court of Common Pleas case 2021-CV-03788
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com