File #: 17-0380    Version: 1 Name: Resolution: Settlement of Civil Litigation - Estate of Tyron Benson
Type: Resolution Status: Adopted
File created: 3/2/2017 In control: Law
On agenda: 4/5/2017 Final action: 4/5/2017
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-3525-12 Claimant: Andrea Thomas, as Administrator of the Estate of Tyron Benson Claimant's Attorney: Shelley L. Stangler, P.C. Attorney's Address: 155 Morris Avenue, 2nd Floor, Springfield, New Jersey 07081 Settlement Amount: $500.000.00 Funding Source: Insurance Trust Fund Additional Comments: Invitation: Corporation Counsel, April 4, 2017
Sponsors: Council of the Whole
Related files: 17-0804
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-3525-12
Claimant: Andrea Thomas, as Administrator of the Estate of Tyron Benson
Claimant's Attorney: Shelley L. Stangler, P.C.
Attorney's Address: 155 Morris Avenue, 2nd Floor, Springfield, New Jersey 07081
Settlement Amount: $500.000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel, April 4, 2017
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WHEREAS, a suit was instituted in the Superior Court of New Jersey, Essex County, Law Division captioned Andrea Thomas, as Administrator of the Estate of Tyron Benson v. City of Newark, et al., Docket Number: ESX-L-3525-12, in which the Plaintiff sought recovery for constitutional violations, including wrongful death; and

WHEREAS, a proposal has been made to resolve this litigation by payment in the total amount of $500,000.00 (Five Hundred Thousand Dollars and Zero Cents); and

WHEREAS, the Acting 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 sum.

NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

1. The Acting 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 Acting Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment in the amount of $500,000.00 (Five Hundred Thousand Dollars and Zero Cents), made jointly payable to: "Shelley L. Stangler, P.C. as attorney and Andrea Thomas, as Administrator" and which payment will be mailed to: Shelley L. Stangler, P.C., 155 Morris Avenue, 2nd Floor, Springfield, New Jersey 07081.

3. Annex...

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