...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...
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