File #: 12-2374    Version: 1 Name: Settlement of Burke Litigation
Type: Resolution Status: Filed
File created: 12/13/2012 In control: Law
On agenda: 2/6/2013 Final action: 2/6/2013
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-3592-09 Claimant: Barbara Burke Claimant's Attorney: Bramnick, Rodriguez, Mitterhoff Grabas & Woodruff, LLC Attorney's Address: 1827 East 2nd Street, Scotch Plains, New Jersey 07076 Settlement Amount: $310,000.00 Funding Source: City of Newark/Automobile Liability/Automobile Additional Comments: Invitation: Corporation Counsel, February 5, 2013
Title
Dept/ Agency:  Law
Action:  (   ) Ratifying     (X) Authorizing     (   ) Amending
Purpose:  Settlement of Civil Litigation
Docket No.:  ESX-L-3592-09
Claimant:  Barbara Burke
Claimant's Attorney:  Bramnick, Rodriguez, Mitterhoff Grabas & Woodruff, LLC           
Attorney's Address:  1827 East 2nd Street, Scotch Plains, New Jersey 07076
Settlement Amount: $310,000.00
Funding Source: City of Newark/Automobile Liability/Automobile
Additional Comments:  
                                     
Invitation: Corporation Counsel, February 5, 2013          
body
 
WHEREAS, a suit was instituted in the Superior Court of New Jersey, Essex County Superior Court, Law Division, captioned, Barbara Burke v. City of Newark et al. v. Nichelson Raymond, Docket No. ESX-L-3592-09, in which the plaintiff sought recovery for damages for personal injuries allegedly sustained on April 30, 2007 as a result of the alleged negligent actions 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 $310,000.00 (Three Hundred and Ten 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 of $310,000.00 (Three Hundred and Ten Thousand Dollars), which payment will be made payable to "Barbara Burke and Bramnick, Rodriguez, Mitterhoff Grabas & Woodruff, LLC," and which payment will be mailed to Bramnick, Rodriguez, Mitterhoff Grabas & Woodruff, LLC, 1827 East 2nd Street, Scotch Plains, New Jersey 07076.
    1. 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 6T25, and Object 96330, in the amount of $310,000.00 (Three Hundred and Ten Thousand Dollars), for the purpose set forth herein.
    3.  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 in the Superior Court of New Jersey, Essex County Superior Court, Law Division, captioned, Barbara Burke v. City of Newark et al. v. Nichelson Raymond, Docket No. ESX-L-3592-09, in the amount of $310,000.00, in exchange for Plaintiff's dismissal of any and all claims against the City of Newark and its employees, and a complete release.