$1.3M settlement reached over wrong-way crash involving attorney

May 11-- May 11--WILKES-BARRE -- A settlement has been reached between a Shavertown attorney and the family of a deceased Scranton man who was killed in a wrong-way accident on the Pennsylvania Turnpike Northeast Extension last November.

Court documents show the payout for the settlement is more than $1 million.

Paul Gerrity, 50, was killed in a car accident last November in the northbound lane of the Pennsylvania Turnpike in an area in Carbon County. The vehicle he was driving was struck by a vehicle driven by Joseph Persico, which was traveling south in the northbound lane.

The force of the impact was such that Gerrity's vehicle spun and struck a third vehicle, which was operated by Pan Tso, of Wilmington.

A petition filed in Luzerne County Court this week sought approval of a settlement between Gerrity's sister, Donna Gerrity -- who is the administrator of Gerrity's estate -- and Persico.

The petition, including the exact terms of the settlement, was initially sealed from public viewing, but they were unsealed on Friday by order of Luzerne County Judge Michael T. Vough, who wrote that Gerrity's attorney, Brian G. Price of Dougherty, Leventhal & Price, had filed a confidential record form without the court's permission.

The petition states Persico was insured by Encompass Insurance Coverage for a total of $1,250,000 in coverage, while Gerrity was insured by State Farm Insurance for $65,000 in coverage. State Farm was named as a defendant in addition to Persico.

All parties agreed to a payment of $1,315,000 in damages by the co-defendants, according to the petition. The law firm of Dougherty, Leventhal & Price receives 35 percent, or $460,250, and an additional legal fee of $2,774.

This means a total of $851,975 goes to Gerrity's estate.

Charges have not been filed against Persico out of Carbon County, court records show.

Reach Patrick Kernan at 570-991-6386 or on Twitter @PatKernan

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