Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-002947-19
Claimant: Edna Marriaga
Claimant's Attorney: Kenneth Elwood, Esq., One Main Street, Chatham, New Jersey 07928
Settlement Amount: $190,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
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WHEREAS, Plaintiff, filed a lawsuit, captioned Edna Marriaga v. City of Newark, ESX-L-002947-19, in which the plaintiff sought recovery for injuries allegedly sustained from a trip and fall due to a dangerous condition of public property on 03/26/18; and
WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by payment in the total amount of One Hundred Ninety Thousand Dollars and Zero Cents ($190,000.00) ("Settlement Sum"), and execution of a Settlement Agreement and Release; and
WHEREAS, to avoid the costly expense of litigation, the Parties and the City's Corporation Counsel desire to amicably resolve this matter with payment by the City of Newark of the Settlement Sum, in exchange for Plaintiff's execution of the Settlement Agreement and Release (attached) as a full and complete release of the matter; 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 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 One Hundred Nine...
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