...Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: 2:16-CV-2530
Claimant: Estate of Malcolm Wiley
Claimant's Attorney: Michael T. Ashley Esq., 50 Park Place, Suite 1400, Newark, New Jersey 07102
Settlement Amount: $80,000.00
Funding Source: Insurance Trust Fund
Additional Information:
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WHEREAS, the Municipal Council by Ordinance 6PSF-d adopted on July 1, 2025 granted authority to the Corporation Counsel to settle any claim for a sum not to exceed $53,000.00 without the approval of the Municipal Council; and
WHEREAS, Plaintiff Malcolm Wiley, instituted a suit in the Essex County Federal Court, captioned Malcolm Wiley, v. City of Newark et al., Docket No. 2:16-CV-2530, in which the plaintiff sought recovery for alleged personal injuries arising from an incident involving a police vehicle; that occurred on May 6, 2014, as a result of the alleged negligence of the City of Newark; and
WHEREAS, a settlement proposal has been made to resolve this claim in its entirety by payment in the total amount of Eighty Thousand Dollars and Zero Cents ($80,000.00) ("Settlement Sum"), and execution of a Settlement Agreement and Release; and
WHEREAS, the Corporation Counsel, based upon all facts and circumstances surrounding the matter, deems it is in the best interest of the City to resolve this matter by payment in the amount set forth above; and
NOW, THEREFORE, BE IT RESOLVED BY MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Corporation Counsel is hereby authorized on behalf of the City of Newark to execute and accept the terms of the Settlement Agreement and Release, attached hereto.
2. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment in the amount of Eighty Thousand Dollars and Zero Cents ($80,000.00) which payment will be made payable to Michael T. Ashley Trust Account, which payment will be mailed to Michael T Ashley, Esq.,50 Park Place, Suite 1400, Newark, New Jersey 07102.
3. Annexed hereto is the Certification of Funds issued by the Director of Finance, City of Newark, which states that there are available sufficient legally-appropriate funds from Fund 025,Agency 25T, Organization 7T25, Object 96340 in the amount of Eighty Thousand Dollars and Zero Cents ($80,000.00) for the purpose set forth herein.
4. A copy of the Comptroller's Certification shall be filed in the Office of the City Clerk along with this Resolution by the Corporation Counsel.
5. The Corporation Counsel shall file a fully executed copy of the Settlement Agreement and Release in the Office of the City Clerk.
6. This Resolution shall be effective upon adoption in accordance with applicable State Law.
7. The Settlement Agreement and Release and Resolution does not admit, nor should it be construed as an admission of liability or violation of any law, statute or regulation or a breach of any duty by the City of Newark, its agents, officers and/or employees whatsoever and is entered into based upon recommendations of the Corporation Counsel and to eliminate all risks and future litigation costs.
STATEMENT
This Resolution authorizes the Corporation Counsel on behalf of the City of Newark to enter into a Settlement Agreement and Release to settle claim with Ashley & Ashley LLC, in the amount of Eighty Thousand Dollars and Zero Cents ($80,000.00), in exchange for Claimant's dismissal of any and all claims against the City of Newark and its employees, and a complete release.