PHILADELPHIA – On behalf of their minor child who had been struck by a bullet during a shooting at youth football game in Sharon Hill, one which also killed an 8-year-old girl, their parent has settled with the Borough of Sharon Hill for $1 million.
B.A. (individually and as parent and natural guardian of A.E-A., a minor) initially filed suit in the U.S. District Court for the Eastern District of Pennsylvania on May 24, 2022, versus the Borough of Sharon Hill, its Police Chief Richard Herron and Police Officers Brian Devaney, Sean Dolan and Devon Smith.
“On Aug. 27, 2021, minor plaintiff and others were gathered on the grounds of Academy Park High School in Sharon Hill, Pennsylvania, as spectators to one of the varsity football team’s first games of the 2021 season. Upon information and belief, on the same evening, defendants Devaney, Dolan and Smith were on the scene at Academy Park High School, tasked with monitoring the crowd as they exited the Academy Park High School stadium at the conclusion of that night’s football game,” according to the complaint.
“At approximately 9 p.m. on the evening in question, approximately two gunshots were heard emanating from the area around the 900 block of Coates Street in Sharon Hill. Upon information and belief, the gunfire in question was heard by defendants Devaney, Dolan and Smith who, under the mistaken and unreasonable belief that the Coates Street gunfire came from the direction of football stadium spectators, trained and aimed their service weapons in the direction of the football spectators exiting the Academy Park football field.”
The suit continued that Devaney, Dolan, and Smith then discharged their service weapons in the direction of the Academy Park football field and into the crowd that contained the minor plaintiff.
“Upon information and belief, none of the individuals in the crowd, including minor plaintiff, were armed, engaged in any criminal activity and did not pose any threat to any individual and/or police officer at the scene, including defendants Devaney, Dolan and Smith who discharged their service weapons into the direction of said crowd. Minor plaintiff was struck by a police bullet and, as a result, she sustained serious, permanent injuries and scarring,” the complaint said.
“As a result of being shot by the Sharon Hill Police Department, minor plaintiff was emergently transported to the Children’s Hospital of Philadelphia, where she underwent emergency surgery to mitigate the damage caused by the police bullet, including, but not limited to, the open reduction and internal fixation of the bones in her lower extremity that were shattered by the police gunfire.”
After two unsuccessful rounds of mediation, a third session on Sept. 25 proved productive, according to an Oct. 27 filing which sought approval of a proposed settlement in the case.
“After several hours of negotiations between the parties, the following settlement was proposed and accepted by the petitioner, individually and on behalf of the minor plaintiff, subject to this Honorable Court’s approval: Borough of Sharon Hill shall pay to the petitioner and minor plaintiff the gross sum of $1 million. Counsel is of the professional opinion that the proposed settlement is fair and reasonable in view of the facts of this case, available insurance coverage, and the inherent risks and uncertainties attendant to any jury trial,” the filing said.
“Litigation costs in the amount of $15,124.58 were incurred by counsel in the prosecution of this case including expenses for four expert witnesses and two days of private mediation. Undersigned counsel requests a fee in the sum of $300,000, which represents 30% of the gross settlement. Notably, plaintiffs signed a Contingency Fee Agreement for 33⅓%, and counsel has reduced said fee to result in more net funds payable to the petitioner and minor plaintiff.”
The filing added that after the contingency and other fees were deducted, the net settlement amount receivable by the plaintiffs would be $673,972.28.
The filing requests that the total amount of $1 million in settlement fees be distributed as follows:
• To Green & Schafle, LLC, reimbursement for costs advanced: $15,124.58
• To Green & Schafle, LLC, 30% as counsel fees (reduced from 33⅓%): $300,000
• To PA Department of Human Services (DHS): $10,903.14
• To Adult Plaintiff B.A.: $33,333.33
• To A federally-insured bank account in Delaware County, Pennsylvania the name of the said minor, and marked ‘Not to be withdrawn until said minor reaches majority, to wit, or upon further Order of this Court’: $640,638.95
In an entirely separate legal proceeding, a citizen’s request to obtain the Borough of Sharon Hill’s unredacted report on its police procedures is currently being appealed to the Commonwealth Court of Pennsylvania – while defendants Devaney, Dolan and Smith each pled guilty to 10 counts of reckless endangerment in connection to the shooting, in November 2022.
Last May, the trio were sentenced to 11 months of house arrest and five years of probation in a Delaware County court.
The plaintiff was represented by Michael C. Schafle and Stephen M. Specht of Green & Schafle, in Philadelphia.
The defendants were represented by Robert P. DiDomenicis of Holsten & Associates in Media, John P. Gonzales and Jahlee Hatchett of Marshall Dennehey Warner Coleman & Goggin in Philadelphia, and David J. MacMain and Brian C. Conley of MacMain Leinhauser, in West Chester.
U.S. District Court for the Eastern District of Pennsylvania case 2:22-cv-02026
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com