Wilson v. Bensalem Township School District

Bucks County Court of Common Pleas

Wilson v. Bensalem Township School District

72 Pa. D. & C.2d 335, 1976 Pa. Dist. & Cnty. Dec. LEXIS 271

CourtPennsylvania Court of Common Pleas, Bucks County

DecidedFebruary 5, 1976

Docketno. 72-12042-08-2

StatusPublished

This text of 72 Pa. D. & C.2d 335 (Wilson v. Bensalem Township School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilson v. Bensalem Township School District, 72 Pa. D. & C.2d 335, 1976 Pa. Dist. & Cnty. Dec. LEXIS 271 (Pa. Super. Ct. 1976).

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Opinion

WALSH, J.,

This matter is before the court on plaintiff’s petition for approval of a compromise settlement. As a result of injuries received by the minor plaintiff, a settlement was agreed upon in the gross amount of $10,000. Medical expenses amounted to $3,494.06. Of this sum, the Commonwealth of Pennsylvania, Department of Public Welfare, advanced $2,506.40 for medical assistance and $155 for public assistance to the minor. In the proposed schedule of distribution, plaintiff asks approval of the court to permit deduction of a cousel fee from the gross amount reimbursable to the Commonwealth. Plaintiff has offered in evidence a written agreement entered into between the Commonwealth and the parents relating to recovery of damages in a tort action. The agreement provides, in part:

“I do hereby direct my attorney or representative to pay to the Department of Public Welfare the money which may come into said attorney’s hands, after deduction of legal fees and costs incident to the recovery of said funds, or as much of the balance of the funds as shall be necessary to satisfy the claim of the Department of Public Welfare.”

The Commonwealth takes the position that it is entitled to full recovery of the sums advanced by it with no deduction for counsel fees.

The hearing judge is of the opinion that the quoted portion of the agreement manifests an intent between the parties to permit proration of counsel fee and costs between the Commonwealth and the parents as to the portion of the settlement comprising medical expense. If there is any ambiguity in the agreement, it should be resolved against the party which prepared it, namely, the Commonwealth.

[337]*337The fee agreement between counsel and the parents is for one third of the gross recovery. In accordance with the policy of this court, counsel is charging only 25 percent on the portion of the fund due the minor and one third on the balance of the fund which is due the Commonwealth and parents.

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WALSH, J.,

This matter is before the court on plaintiff’s petition for approval of a compromise settlement. As a result of injuries received by the minor plaintiff, a settlement was agreed upon in the gross amount of $10,000. Medical expenses amounted to $3,494.06. Of this sum, the Commonwealth of Pennsylvania, Department of Public Welfare, advanced $2,506.40 for medical assistance and $155 for public assistance to the minor. In the proposed schedule of distribution, plaintiff asks approval of the court to permit deduction of a cousel fee from the gross amount reimbursable to the Commonwealth. Plaintiff has offered in evidence a written agreement entered into between the Commonwealth and the parents relating to recovery of damages in a tort action. The agreement provides, in part:

“I do hereby direct my attorney or representative to pay to the Department of Public Welfare the money which may come into said attorney’s hands, after deduction of legal fees and costs incident to the recovery of said funds, or as much of the balance of the funds as shall be necessary to satisfy the claim of the Department of Public Welfare.”

The Commonwealth takes the position that it is entitled to full recovery of the sums advanced by it with no deduction for counsel fees.

The hearing judge is of the opinion that the quoted portion of the agreement manifests an intent between the parties to permit proration of counsel fee and costs between the Commonwealth and the parents as to the portion of the settlement comprising medical expense. If there is any ambiguity in the agreement, it should be resolved against the party which prepared it, namely, the Commonwealth.

[337]*337The fee agreement between counsel and the parents is for one third of the gross recovery. In accordance with the policy of this court, counsel is charging only 25 percent on the portion of the fund due the minor and one third on the balance of the fund which is due the Commonwealth and parents.

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Bluebook (online)

72 Pa. D. & C.2d 335, 1976 Pa. Dist. & Cnty. Dec. LEXIS 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-bensalem-township-school-district-pactcomplbucks-1976.