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Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-004688-22
Claimant: Juan Espinosa
Claimant's Attorney: Matthew V. Villani, Esq., Ginarte Gonzalez & Winograd LLP, 400 Market Street, Newark, New Jersey 07105
Settlement Amount: $281,231.84
Funding Source: Insurance Trust Fund
Additional Information:
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WHEREAS, Plaintiff, captioned, Juan Espinosa v City of Newark et al., Docket No. ESX-L-004688-22, instituted a suit in the Law Division of the Superior Court of New Jersey, Essex Vicinage, in which the plaintiff sought recovery of damages for personal injury, as a result of an alleged dangerous condition in the City of Newark; and
WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by payment in the total amount of Two Hundred Eighty-One Thousand Two Hundred Thirty-One Dollars and Eighty-Four Cents ($281,231.84) 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 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:
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.
Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby a...
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