Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: 13-cv-07244 (KM-MAH)
Claimant: Etta Nunnally
Claimant's Attorney: Krovatin Klingeman, LLC.
Attorney's Address: 60 Park Place, Suite 1100, Newark, New Jersey 07102
Settlement Amount: $650,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Acting Corporation Counsel
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WHEREAS, Plaintiff, Etta Nunnally, instituted a suit captioned Etta Nunnally, as Administrator Ad Prosequendum of the Estate of Jason Lowther v. City of Newark et al., United States District Court, District of New Jersey, Docket No. 13-cv-07244 (KM-MAH), in which the plaintiff sought recovery for damages allegedly sustained on May 5, 2012, as a result of the actions of the City of Newark and its employees; and
WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by execution of the attached Settlement Agreement and General Release ("Settlement Agreement") and payment in the total amount of $650,000.00 (Six Hundred and Fifty Thousand Dollars and Zero Cents) ("Settlement Sum"); and
WHEREAS, the Acting Corporation Counsel based upon all facts and circumstances presented, deems it in the best interest of the City of Newark to resolve said matter by execution of the Settlement Agreement and payment of the proposed Settlement Sum.
NOW, THEREFORE, BE IT RESOLVED BY 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 as follows:
a. In or about June 2018, which is anticipated to be within approximately sixty days after formal Municipal Counci...
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