SCRANTON – The parents of a young child who suffered a broken left forearm after a fall off the side of a ramp located at their neighbors’ back door, have petitioned for the execution of a settlement of $115,000.
Jason R. Desai and Kristina Desai (as parents and natural guardians of J.D., a minor) filed a petition in the Lackawanna County Court of Common Pleas on Jan. 10 versus Paul Mercuri and Deanna Mercuri. All parties are of Dunmore.
“This matter stems from injuries sustained by J.D. on May 21, 2022 when J.D. was guest at the home of the defendants and fell over the side of a ramp at the back door of the Mercuri home. As a result of this fall, J.D. suffered fractures to the left forearm including a closed radial shaft and ulnar shaft fracture. These fractures required surgery on June 10, 2022 for left radius and ulnar shaft open reduction and internal fixation using a Stryker 2.5mm titanium flexible nail, Stryker mini frag 2.7mm plate and screws,” the petition says.
“Defendants Paul and Deanna Mercuri were insured at the time of the incident under a homeowner’s policy with Liberty Mutual Insurance Company. Plaintiffs have agreed to settle their son’s claim against the defendants, Paul and Deanna Mercuri, for $115,000.”
The petition adds that the settlement amount should be disbursed as follows:
• Gross Settlement Proceeds: $115,000
• Less Attorney Fees (Reduced To 30%): $ 34,500
• Less Costs: $610.52
• Less Lien Owed to Department of Human Services: $2,513.60
• Net Settlement Funds to Client: $77,375.88
“It is hereby proposed that the net settlement funds of $77,375.88 be placed into a federally-insured, interest-bearing bank or savings account in the name of J.D. for his benefit until he reaches 18 years of age, and cannot be used for any other purpose. The federally-insured, interest-bearing bank or savings account in the name of J.D. will be marked ‘Funds not available for withdrawal until [his 18th Birthday], or by approval and order of Court,” the petition states.
The plaintiffs are represented by Timothy G. Lenahan of Lenahan & Dempsey, in Scranton.
The defendants did not legal counsel listed.
Lackawanna County Court of Common Pleas case 2024-CV-00242
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com