MEDIA – The Delaware County Court of Common Pleas is considering an apportionment petition for a $200,000 settlement, brought by the estate of an 85-year-old man who was killed in a motor vehicle accident which occurred in May.
Marie Gallagher (as Administratrix of the Estate of Edward M. Gallagher) filed a petition to approve settlement of a wrongful death claim in the Delaware County Court of Common Pleas on Aug. 26 versus Stephen A. Weber.
“The Wrongful Death Claim arises from an automobile/pedestrian accident that occurred on May 19 2022, where the plaintiff, a pedestrian, standing at the intersection of MacDade Boulevard and West Knowles Avenue in Glenolden, Pennsylvania, was struck and killed by an automobile driven by the defendant, Stephen Weber. The decedent was unresponsive at the scene, and pronounced deceased. As a result of good faith efforts on the part of plaintiff‘s counsel and counsel for the defendant insurance company State Farm and Allstate the case was settled for a total of $200,000, equally paid between the third-party payor and an uninsured motorist (UIM) claim,” the petition says.
“Plaintiff’s counsel was retained pursuant to a Contingency Fee Agreement for 33.33 percent of the gross sum secured by settlement, plus recoverable costs. The Pennsylvania Department of Revenue will be notified of the proposed allocation and their response it any will be submitted to the Court upon receipt. Pursuant to the Pennsylvania Wrongful Death Statute, 42 Pa.C.S.A. Section 8301, damages recovered shall be distributed to the beneficiaries in the proportion they would take the personal estate of the decedent in the case of intestacy and without liability to creditors of the deceased person under the statutes of this Commonwealth.”
At the time of death, Mr. Gallagher was survived by his wife, Marie Gallagher, and his adult children, Edward A. Gallagher and Maria D’Amico, both of whom are also biological children of the surviving spouse. Accordingly, the proposed wrongful death payout to the beneficiaries, which include the surviving spouse and two children is $30,000 to the spouse Marie Gallagher, with the net balance divided 50 percent to the surviving spouse and the remaining 50 percent between the children, Edward A. Gallagher and Maria D’Amico.
“Petitioner proposes to allocate the entire amount of the settlement to the Wrongful Death Claim. Decedent was employed by New Concepts Golf and was 85 years old. The decedent is survived by a wife who possesses limited resources (a small joint checking amount) and is/was living with her husband at their daughter Maia D’Amico’s house. Petitioner avers that it is reasonable and appropriate under the circumstances to designate and allocate the sum total of this modest settlement as a Wrongful Death Claim,” the petition states.
“The decedent was not responsive and died at the accident scene and petitioner’s counsel, John A. Aivazoglou, is of the professional opinion that the settlement and proposed allocation and distribution set forth in the proposed order is fair and reasonable. Marie Gallagher, in her capacity as spouse and Executrix of the Estate of Edward M. Gallagher, believes that the proposed settlement and resultant distribution is fair and reasonable.”
Petitioner requests that the net settlement be distributed as follows:
Gross Settlement: $200,000
Contingency Fees
• Aivazoglou & Mikropoulos (Fee assigned to spouse’s portion): $38,330
• Aivazoglou & Mikropoulos (Fee assigned to adult children’s portion): $28,330
• Total Contingency Fees: $66,660 00
• Recoverable Costs: $1,169.61
• Estate Administration, Frank M. Fiore Esq.: $7,000
Total Fees & Costs: $74,829.61
***
Total Available For Distribution To Beneficiaries: $125,170.39
Apportionment of Damages
Wrongful Death (100% Assignment)
To Marie Gallagher (Spouse): $77,585.21
To Edward A. Gallagher (Son): $23,792.59
To Maria D’Amico (Daughter): $23,792.59
The petitioner is represented by John A. Aivazoglou of Aivazoglou & Mikropoulos, in Eddystone.
The respondent has not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2022-006302
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com