MEDIA – A Delaware County court has approved a $90,000 settlement agreement, in response to legal proceedings initiated after the motor vehicle accident-related death of a local man on a Philadelphia bridge.
Renee Macklin (as Administratrix of the Estate of Taevon Jabree Garrett) first filed a petition in the Delaware County Court of Common Pleas on Aug. 18 versus Ross Malik of Folcroft and Walter Glasgow of Philadelphia.
“On Aug. 23, 2021, plaintiff decedent was involved in a motor vehicle accident in Philadelphia, Pennsylvania. As a result of that accident, the vehicle in which the decedent plaintiff operating was struck multiple times, causing plaintiff to die from his injuries. The accident occurred when the deceased’s vehicle became disabled on the George Platt Bridge in Philadelphia. While stopped, his vehicle was struck by two cars, one operated by Malik Ross (Allstate) and the other operated by Walter Glasgow (GEICO),” the petition said.
“Counsel for petitioner has recovered the full policy coverage from Allstate Insurance Company and GEICO Insurance Company. Counsel for petitioner has also recovered the full underinsured motorist coverage from Good2Go Insurance Company. Decedent did not have a will at the time of his death.”
The following settlement was proposed:
• $15,000 from defendant Malik Ross (Allstate)
• $15,000 from defendant Walter Glasgow (GEICO)
• $60,000 from UIM carrier (Good2Go Insurance)
Total Settlement = $90,000
“Counsel is of the professional opinion that the proposed settlement is reasonable primarily because these amounts were all of the policy coverages available. Counsel has incurred expenses in the amount of $641.11. The Administratrix of the Estate requests the approval of payment to Cullis Monument for a headstone for the deceased in the amount of $3,950. Counsel requests counsel fees in the amount of $30,000, which represents 33 1/3 percent of the gross proceeds of settlement,” the petition states.
“Petitioner requests allocation of the net proceeds of the settlement after deduction of attorney’s fees and costs as follows:
• Wrongful Death Action $55,382.77 (100%)
• Survival Action $0 (0%)
The reasons for the requested allocation are as follows: Decedent had one child at the time of his death (age 2). The child relied on his parents for contribution and payment of his living expenses. The decedent’s future income was to be used to pay both past and future college tuition for his child. Moreover, this child has suffered significant emotional and psychological loss because of the death of his father. Pursuant to the Wrongful Death Statute, the beneficiary of the Wrongful Death Claim is the decedent’s only child, Taevon Garrett Jr.”
Petitioner requests that he be permitted to enter into the settlement recited above and that the Court enter an order of distribution as follows:
• To Forbes Bender & Paolino (Reimbursement of Costs) $641.11
• To Forbes Bender & Paolino (Counsel Fees Pursuant to Contingent Fee Agreement) $30,000
• Cullis Memorial (Headstone) $3,950
• Wrongful Death Claim to Taevon Garrett Jr. $55,408.89
• Survival Claim to Taevon Garrett Jr. $0
UPDATE
On Feb. 9, Delaware County Court of Common Pleas Judge Kelly D. Eckel approved the settlement amount and funds distribution plan as outlined above.
“Upon consideration of the motion for approval and distribution of wrongful death and survival action, it is hereby ordered and decreed that the motion is hereby granted and that the distribution of the $90,000 settlement funds shall be apportioned [as described above],” Eckel said.
Eckel added that the funds to the minor, Taevon Garrett Jr., shall be placed into an interest-bearing, federally-insured money market or savings account and shall not be withdrawn until he reaches the age of 21 years old, or upon further order of the Court.
The petitioner was represented by Guy N. Paolino of Forbes Bender & Paolino, in Media.
The respondents did not secure legal counsel.
Delaware County Court of Common Pleas case CV-2022-006060
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com