Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-009070-17
Claimant: Jacqueline Aviles-Torres and Juan Torres, her spouse
Claimant's Attorney: Marilyn Barbosa, Esq., Barbosa Donovan, LLP, 70 South Orange Avenue, Livingston, New Jersey 07039
Settlement Amount: $75,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Deferred 7R6-b 120424
body
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, Plaintiffs Jacqueline Aviles-Torres and Juan Torres, instituted a suit in the Essex County Superior Court, captioned Jacqueline Aviles-Torres and Juan Torres, v. City of Newark et al., Docket No. ESX-L-009070-17, in which the plaintiffs sought recovery for damages allegedly sustained on or about January 5, 2016, 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 Seventy-Five Thousand Dollars and Zero Cents ($75,000.00) ("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 ...
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