File #: 15-0962    Version: 1 Name:
Type: Resolution Status: Filed
File created: 5/7/2015 In control: Law
On agenda: 6/17/2015 Final action: 6/17/2015
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-3473-08 Claimant: Paul Roura Claimant's Attorney: Dean Maglione, Esq. Attorney's Address: 186 Clinton Avenue, Newark, New Jersey 07108 Settlement Amount: $750,000.00 Funding Source: City of Newark/Automobile Liability/Automobile Additional Comments: Invitation: Corporation Counsel, June 16, 2015.
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-3473-08
Claimant: Paul Roura
Claimant's Attorney: Dean Maglione, Esq.
Attorney's Address: 186 Clinton Avenue, Newark, New Jersey 07108
Settlement Amount: $750,000.00
Funding Source: City of Newark/Automobile Liability/Automobile
Additional Comments:
Invitation: Corporation Counsel, June 16, 2015.
body

WHEREAS, a suit was instituted in the Superior Court of New Jersey, Essex County Superior Court, Law Division, captioned, Paul Roura v. City of Newark et al., Docket No. ESX-L-3473-08, in which the plaintiff sought recovery for damages for personal injuries allegedly sustained on June 30, 2007, as a result of the alleged negligent actions of City of Newark employees; and

WHEREAS, this case was tried from October 25, 2011 through November 2, 2011, with a jury verdict against the City of Newark for $3,000,000.00 dollars for plaintiff Paul Roura, finding plaintiff 8% liable and Defendant City of Newark 92% liable for the accident; and

WHEREAS, on appeal filed by the City of Newark, the Appellate Division rendered a unpublished opinion on November 13, 2013, that reversed the verdict in its entirety and remanded the matter for a new trial; and

WHEREAS, upon the parties appearing for retrial, a proposal has been made to resolve this litigation in its entirety by payment in the total amount of $750,000.00 (Seven Hundred and Fifty Thousand Dollars and Zero Cents); 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 ac...

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