Judge OKs $75,000 settlement for boy injured in bike collision with Scranton vehicle

The incident occurred May 12, 2021, around 7:19 p.m. at Partridge Avenue and West Parker Street, police had said. At the time, police said they believed the 10-year-old boy rode his bike through a stop sign on Partridge Avenue and hit the side of a vehicle operated by Kelly Davis, a parking enforcement officer.

The boy, whose name was not released because he was a juvenile, required hospitalization for his injuries, police had said.

Two years later, on May 12, Lackawanna County Court Judge Terrence Nealon approved a settlement petition that averted a potential lawsuit by the boy's mother, Lena Paranich, against Davis and the Scranton Police Department.

A settlement petition says the boy "was injured after he was struck by defendant Kelly Davis's vehicle while he was riding his bicycle. At the time, Ms. Davis was operating her vehicle in the course and scope of her employment with the Scranton Police Department."

The city's insurance carrier paid all of the negotiated settlement, city solicitor Jessica Eskra said in an email.

"The settlement is by no means an admission of liability on the part of the city or Kelly Davis," Eskra said. "Ultimately, the carrier made the decision to resolve the matter prior to the commencement of a lawsuit and the incurring of litigation expenses."

The settlement comes via petition filed by Paranich, on behalf of herself and her son, now 12, seeking court approval of the amount and distribution of the proceeds.

The boy's injuries included a lacerated liver, head injury, subdural hematoma, adrenal contusion and hemorrhage and emotional distress. His mother witnessed the incident and suffered emotional distress, the petition says.

Paranich's attorney, Michael Perry of O'Malley & Perry law firm of Scranton, certified he investigated the accident, reviewed medical records and "can assert a viable liability claim" against the city.

The petition approval includes the following:

—Of the $75,000 amount, 75% is allotted for the boy's injuries, and 25% for the mother's emotional distress.

—The settlement is for reimbursement of costs and payment of attorney fees. The Perry firm receives 30% of gross recovery, according to a fee agreement that is an exhibit in the petition.

—The Department of Public Welfare paid for treatment of the boy and has a lien, and the amount accepted by that department will not exceed $19,629.38.

The city has civilian parking-enforcement personnel who work under the Police Department and enforce parking regulations in neighborhoods throughout the city, outside the downtown. Those who enforce parking downtown work for the outside operators of the city's parking garages and pay-by-kiosk street spaces.

Contact the writer: [email protected]; 570-348-9100 x5185; @jlockwoodTT on Twitter.

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