Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-004294-18
Claimant: Darren Nance
Claimant's Attorney: Crystal Pettiford Esq., 5143 W. Mount Pleasant Avenue Ave, Livingston, New Jersey 07039
Settlement Amount: $300,000.00
Funding Source: Insurance Trust Fund
Additional Information:
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WHEREAS, the Municipal Council by Ordinance 6PSF-F adopted on August 5, 2020 granted authority to the Corporation Counsel to settle any claim for a sum not to exceed $44,000.00 without the approval of the Municipal Council; and
WHEREAS, Plaintiff Darren Nance, instituted a suit in the Essex County Superior Court, captioned Darren Nance, v. City of Newark et al., Docket No. ESX-L-004294-18, in which the plaintiff sought recovery for damages allegedly sustained on or about September, 1996, as a result of the alleged actions 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 Three Hundred Thousand Dollars and Zero Cents ($300,000.00) ("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.
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 Three Hundred Thousand Dollars and Zero Cents ($300,000.00) which payment will be made payable to the Trust account of ...
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