Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: 13-cv-07244 (KM-MAH)
Claimant: Etta Nunnally
Claimant's Attorney: Krovatin Klingeman, LLC.
Attorney's Address: 60 Park Place, Suite 1100, Newark, New Jersey 07102
Settlement Amount: $650,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Acting Corporation Counsel
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WHEREAS, Plaintiff, Etta Nunnally, instituted a suit captioned Etta Nunnally, as Administrator Ad Prosequendum of the Estate of Jason Lowther v. City of Newark et al., United States District Court, District of New Jersey, Docket No. 13-cv-07244 (KM-MAH), in which the plaintiff sought recovery for damages allegedly sustained on May 5, 2012, as a result of the actions of the City of Newark and its employees; and
WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by execution of the attached Settlement Agreement and General Release ("Settlement Agreement") and payment in the total amount of $650,000.00 (Six Hundred and Fifty Thousand Dollars and Zero Cents) ("Settlement Sum"); and
WHEREAS, the Acting Corporation Counsel based upon all facts and circumstances presented, deems it in the best interest of the City of Newark to resolve said matter by execution of the Settlement Agreement and payment of the proposed Settlement Sum.
NOW, THEREFORE, BE IT RESOLVED BY MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Acting 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 Acting Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment as follows:
a. In or about June 2018, which is anticipated to be within approximately sixty days after formal Municipal Council approval, the City shall pay to Plaintiff the sum of $550,000.00 (Five Hundred and Fifty Thousand Dollars and Zero Cents), which payment will be made jointly payable to "Krovatin Klingeman LLC, and Etta Nunnally, Administrator of the Estate of J. Lowther," and which payment will be mailed to Gerald Krovatin, Esq., Krovatin Klingeman, LLC., 60 Park Place, Suite 1100, Newark New Jersey 07102 (the "First Payment").
b. Ninety days (90) after the First Payment, the City of Newark shall pay to Plaintiff the additional sum of 100,000.00 (One Hundred Thousand Dollars and Zero Cents), which payment will be made jointly payable to "Krovatin Klingeman LLC, and Etta Nunnally, Administrator of the Estate of J. Lowther," and which payment will be mailed to Gerald Krovatin, Esq., Krovatin Klingeman, LLC., 60 Park Place, Suite 1100, Newark New Jersey 07102 (the "Second Payment").
3. Annexed hereto are the Certification of Funds issued by the Director of Finance, City of Newark, which states that there are available sufficient legally-appropriate funds in the amount of $650,000.00 (Six Hundred Fifty Thousand Dollars and Zero Cents), for the purpose set forth herein.
4. The Acting Corporation Counsel shall file a copy of the Comptroller's Certification in the Office of the City Clerk along with this resolution.
5. The Acting Corporation Counsel shall file a fully executed copy of the Settlement Agreement in the Office of the City Clerk.
6. This resolution shall be effective upon adoption in accordance with applicable State Law.
STATEMENT
This Resolution authorizes the Acting Corporation Counsel, on behalf of the City of Newark, to enter into a Settlement Agreement and Release to settle civil litigation captioned Etta Nunnally, as Administrator Ad Prosequendum of the Estate of Jason Lowther v. City of Newark et al., United States District Court, District of New Jersey, Docket No. 13-cv-07244 (KM-MAH) in the amount of Six Hundred Fifty Thousand Dollars and Zero Cents), in exchange for Plaintiff's dismissal of any and all claims against the City of Newark and its employees, and a complete release.