Settlement reached in wrongful death suit

June, 2003

Robinson v. Genesis Health Ventures, Inc. $725,000 Settlement

Date of Settlement: June 5, 2003
Court and Case Number: C.P. Philadelphia, December Term, 2001, No. 1970
Judge: Not Assigned
Type of Action: Wrongful Death/Inadequate Traffic Controls
Injuries: Death
Plaintiffs’ Attorney:
Alan M. Feldman, Feldman, Shepherd, Wohlgelernter, Tanner and Weinstock, Philadelphia
Defense Attorneys:
Evelyn R. Devine, Devine & Devine, Conshohocken (Genesis Health Ventures, Inc. and Emanuel Richardson); Suzanne Reilly, City of Philadelphia Law Department, Philadelphia
Plaintiff Experts:
Lance E. Robson, P.E., Robson Lapina (forensic engineer), Lancaster; David Bunin, Bunin Associates (economic consultant), Wynnewood.
Comments:
A total settlement of $725,000 was reached in a wrongful death and inadequate traffic controls suit filed against Genesis Health Ventures and the City of Philadelphia on behalf of the estate of a woman struck by a vehicle and killed in a Philadelphia intersection.

On August 26, 2001, the decedent, Virginia Bagby, was crossing Market Street at 46th Street from the northeast to the southwest corner when she paused in the crosswalk behind a column supporting the Market Street elevated train. As she continued crossing the street, a vehicle, owned by Genesis Health Ventures, struck Bagby, fatally injuring her.

According to the driver, the column for the elevated train obscured Bagby from his vision.

After completing a deposition of the defendant driver, plaintiff Jowanda Robinson entered into a joint tortfeasor settlement with the driver and Genesis Health Ventures for $300,000.

The plaintiff then focused on the allegedly unsafe condition presented by the configuration of the Market Street elevated train columns and its impact on the ability of drivers and pedestrians to see one another. Specifically, the plaintiff contended that the traffic controls at 46th and Market Streets were deficient and in violation of the Uniform Manual for Traffic Control Devices, which the city adopted as its standard.

The plaintiff subsequently settled its claim with the City of Philadelphia for $425,000.

Defense counsel for the City could not be reached for comment.