Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-001478-19
Claimant: Frederick Hanner
Claimant's Attorney: Franco Mazzei, Esq.
Attorney's Address: Weiner Mazzei LLC, 165 Prospect Street, Passaic, New Jersey 07055
Settlement Amount: $250,000.00
Funding Source: Insurance Trust Fund, Business Unit: NW025, Dept.: 25T, Div./Proj: 7T25, Account #: 96340; Budget Ref: B2025
Additional Information:
Deferred 7R6-b 031925
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WHEREAS, Plaintiff, Frederick Hanner, instituted a suit in the Essex County Superior Court, captioned Frederick Hanner v. City of Newark, City of Newark Water & Sewer Utilities, John Doe Contractor 1-10, and ABC Co. 1-10, Docket No. ESX-L-001478-19, in which the plaintiff sought recovery for damages allegedly sustained on or about June 24, 2017, as a result of the alleged actions of the City of Newark; and
WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by agreeing to the terms of the Settlement Agreement and Release and by payment in the total amount of Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00) (“Settlement Sum”); and
WHEREAS, the Corporation Counsel based upon all facts and circumstances presented, deems it is in the best interest of the City of Newark to resolve said matter by payment of the proposed Settlement Sum and execution of the Settlement Agreement and Release.
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 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 Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00), which payment will be made jointly payable to “Weiner Mazzei LLC and Frederick Hanner”, and which payment will be mailed to Franco Mazzei, Esq., Weiner Mazzei LLC, 165 Prospect Street, Passaic, New Jersey 07055.
3. Annexed hereto is the Certification of Funds issued by the Director of the Department of Finance, City of Newark, which states that there are available sufficient legally-appropriated funds in the following account: Business Unit: NW025, Dept.: 25T, Div./Proj: 7T25,Account #: 96340, Budget Ref.: B2025, in the amount of Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00) 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. The Settlement Agreement and Release nor this Resolution admits, nor should either 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, and/or its agents, officers, or employees whatsoever. The Settlement Agreement and Release is being entered into based upon recommendations of the Corporation Counsel and is intended to eliminate all risks of future litigation and the attendant costs.
7. 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, in settlement of civil litigation captioned Frederick Hanner v. City of Newark, City of Newark Water & Sewer Utilities, John Doe Contractor 1-10, and ABC Co. 1-10, Docket No. ESX-L-001478-19, in the amount of Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00), in exchange for Plaintiff’s dismissal of any and all claims against the City of Newark and/or its agents, officers, and employees, and it constitutes a complete release.