Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-3550-11
Claimant: Tabatha Rodriguez
Claimant's Attorney: Ginarte, O'Dwyer, Gonzalez, Gallardo & Winograd, L.L.P.
Attorney's Address: 400 Market Street, Newark, New Jersey 07105
Settlement Amount: $55,500.00
Funding Source: Insurance Fund Commission
Additional Comments:
Invitation: Corporation Counsel, September 17, 2013
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Whereas, a suit was instituted in the Superior Court of New Jersey, Law Division, Essex County, captioned Tabatha Rodriguez v. City of Newark, Superior Court of New Jersey, Docket No.: ESX-L-3550-11, in which the plaintiff sought recovery for personal injuries; and
Whereas, it has been determined that plaintiff was injured and a proposal has been made to resolve this litigation by payment in the total amount of $55,000.00 (Fifty-Five Thousand Dollars); and
Whereas, the Corporation Counsel based upon all facts and circumstances deems it in the best interest of the City of Newark to resolve said matter by payment of the proposed settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE 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 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 to two checks: one check in the amount of $27,084.00 (Twenty-Seven Thousand Eighty-Four Dollars), which payment shall be made payable to Ginarte, O'Dwyer, Gonzalez, Gallardo & Winograd, L.L.P., and a second check in the amount of $28,416.00 (Twenty-Eight Thousand Four Hundred Sixteen Dollars), which payment shall be made payable to "Tabatha Rodriguez", both checks shall be mailed to Ginarte,, O'Dwyer, Gonzalez, Gallardo & Winograd, Attn: Adam Kleinfeldt, Esq., 400 Market Street, Newark, New Jersey, 07105.
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 appropriated funds from Fund 025-25T-5T25-96320 in the amount of $55,500.00 (Fifty-Five Thousand Five Hundred Dollars), for the purpose set forth herein. A copy of the Comptroller's Certifications shall be filed in the Office of the City Clerk along with this Resolution by the Corporation Counsel.
4. A fully executed copy of the Settlement Agreement shall be filed in the Office of the City Clerk by the Corporation Counsel.
5. This Resolution shall be effective upon adoption in accordance with applicable State Law.
STATEMENT
This Resolution authorizes the Corporation Counsel on behalf of the City of Newark to enter into a Settlement Agreement and Release to settle civil litigation captioned Tabatha Rodriguez v. City of Newark, Superior Court of New Jersey, Docket Number: ESX-L-3550-11, in the amount of $55,000.00, in exchange for Plaintiff's dismissal of any and all claims against the City of Newark, and a complete release.