Title
Dept/Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-2724-18
Claimant: Nyya Neblett
Claimant's Attorney: Joseph P. Guzzardo, Esq.
Claimant's Address: Johnson & Webbert, LLP, 1 Bowdoin Mill Island, Suite 300, Topsham, Maine 04086
Settlement Amount: $525,000.00
Funding Source: Insurance Trust Fund
Additional Information:
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WHEREAS, Plaintiff, Nyya Neblett, instituted a suit in the Superior Court of New Jersey, captioned Nyya Neblett v. City of Newark, Daniel Diaz, and Dennis Daniels et al, ("City Defendants") Docket No. ESX-L-2724-18, in which the plaintiff sought recovery for damages allegedly sustained on April 19, 2016, as a result of the alleged actions and omissions of the City of Newark and/or its agents; and
WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by payment in the total amount of Five Hundred Twenty-Five Thousand Dollars and Zero Cents ($525,000.00) ("Settlement Sum"); and
WHEREAS, the Business Administrator, acting in consultation with the First Assistant Corporation Counsel because of a potential conflict of interest, based upon all facts and circumstances presented, deems it in the best interest of the City Defendants to resolve said matter by payment of the proposed Settlement Sum.
NOW THEREFORE BE IT RESOLVED BY MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Business Administrator 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 of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment in the amount of $525,000.00, (Five Hundred Twenty-Five Thousand Dollars and Zero Cents), which payment will be made payable to "Johnson & Webbert, LLP in trust for Nyya Neblett," which payment shall be mailed to Johnson & Webbert, LLP, 1 Bowdoin Mill Island, Ste. 300, Topsham, ME 04086.
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 Business Unit NW025, Dept. ID 25T, Division/Project 7T25 and Account #9634, in the amount of Five Hundred Twenty-Five Thousand Dollars and Zero Cents ($525,000.00) 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 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 Business Administrator and to eliminate all risks and future litigation costs.
STATEMENT
This Resolution authorizes the Business Administrator/First Assistant Corporation Counsel, on behalf of the City Defendants to enter into a Settlement Agreement and Release to settle civil litigation captioned, Nyya Neblett v. City of Newark, Daniel Diaz, and Dennis Daniels, et al. ("City Defendants") Docket No. ESX-L-2724-18, in the amount of Five Hundred Twenty-Five Thousand Dollars and Zero Cents ($525,000.00), in exchange for Plaintiff's dismissal of any and all claims against the City of Newark and its employees, and a complete release. .