File #: 12-2156    Version: 2 Name: Settlement of Samaritano litigation
Type: Resolution Status: Filed
File created: 11/6/2012 In control: Law
On agenda: 12/19/2012 Final action: 12/19/2012
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-5533-10 Claimant: Anita Samaritano, Administrator Ad Prosequendum and General Administrator of the Estate of Jason Samaritano, Charles Samaritano, Administrator ad Prosequendum, and Anita Samaritano, individually Claimant's Attorney: Ashton E. Thomas, Esq. Attorney's Address: 1209 East Grand Street, Suite 201, Elizabeth, New Jersey 07201 Settlement Amount: $45,000 Funding Source: City of Newark/General Liability/Personal Injury Additional Comments: Invitation: Corporation Counsel, December 18, 2012
Title
Dept/ Agency:  Law
Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending
Purpose:  Settlement of Civil Litigation
Docket No.:  ESX-L-5533-10
Claimant: Anita Samaritano, Administrator Ad Prosequendum and General Administrator of the Estate of Jason Samaritano, Charles Samaritano, Administrator ad Prosequendum, and Anita Samaritano, individually
Claimant's Attorney:    Ashton E. Thomas, Esq.
Attorney's Address:  1209 East Grand Street, Suite 201, Elizabeth, New Jersey 07201
Settlement Amount: $45,000
Funding Source: City of Newark/General Liability/Personal Injury
Additional Comments:  
Invitation: Corporation Counsel, December 18, 2012         
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WHEREAS, a suit was instituted in the Superior Court of New Jersey, Essex County captioned Estate of Jason Samaritano v. City of Newark et al., Docket # ESX-L-5533-10, in which the plaintiffs sought recovery for damages for personal injuries allegedly sustained on September 28, 2008, as a result of the alleged negligence of City of Newark employees; and
 
WHEREAS, a proposal has been made to resolve this litigation in its entirety by payment in the total amount of $45,000.00 (Forty Five Thousand Dollars); and
 
      WHEREAS, the Corporation Counsel based upon all facts and circumstances deems it in the best interest of the City of Newark to resolve said matter by payment of the proposed Settlement.
 
      NOW, THEREFORE, BE IT RESOLVED BY THE 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.
    1. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue a check in the amount $45,000.00 (Forty-Five Thousand Dollars), which payment will be made payable to "Anita Samaritano, Charles Samaritano, and Ashton E. Thomas, Esq." and which payment will be mailed to 1209 East Grand Street, Suite 201, Elizabeth, New Jersey 07201.
    3. Annexed hereto is the Certification of Funds issued by the Director of Finance, City of Newark, which states that there are available sufficient legally-appropriated funds from Fund 025, Agency 25T, Organization 5T25, and Object 96320, in the amount $45,000.00 (Forty-Five Thousand Dollars), for the purpose set forth herein.
    5.  A copy of the Comptroller's Certification shall be filed in the Office of the City Clerk along with this Resolution by the Corporation Counsel.
    1. A fully executed copy of the Settlement Agreement shall be filed in the Office of the City Clerk by the Corporation Counsel.
    1. This resolution shall be effective upon adoption in accordance with applicable State Law.
 
STATEMENT
 
This Resolution authorizes the Corporation Counsel on behalf of the City of Newark to enter into a Settlement Agreement and Release to settle civil litigation captioned Estate of Jason Samaritano v. City of Newark et al., Docket # ESX-L-5533-10, in the amount of $45,000.00, in exchange for Plaintiffs' dismissal of any and all claims, costs and fees against the City of Newark and its employees, and a complete release.