File #: 18-1827    Version: 1 Name: McCluney - Civil Settlement
Type: Resolution Status: Adopted
File created: 11/28/2018 In control: Law
On agenda: 2/20/2019 Final action: 2/22/2019
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-168-13 Claimant: Kelly McCluney and Lorenzo McCluney Claimant's Attorney: Marilyn Barbosa, Esq. Attorney's Address: Barbosa Donovan, 70 South Orange Avenue, Livingston, New Jersey 07039 Settlement Amount: $175,000.00 Funding Source: Insurance Trust Fund Additional Comments: Invitation: Corporation Counsel
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-168-13
Claimant: Kelly McCluney and Lorenzo McCluney
Claimant's Attorney: Marilyn Barbosa, Esq.
Attorney's Address: Barbosa Donovan, 70 South Orange Avenue, Livingston, New Jersey 07039
Settlement Amount: $175,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel
body

WHEREAS, Plaintiffs Kelly McCluney and Lorenzo McCluney, instituted a suit in the Superior Court of New Jersey, Essex County Law Division, captioned Kelly McCluney and Lorenzo McCluney v. City of Newark et al., Docket No. ESX-L-168-13, in which the plaintiff sought recovery for damages allegedly sustained on January 8, 2011, as a result of the alleged actions and omissions of City of Newark agents and/or employees; and

WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by execution of the Settlement Agreement and Release (attached) and payment in the total amount of One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00) ("Settlement Sum"); and

WHEREAS, the 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 Release 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 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 Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment in the amount of $175,000.00 (One Hundred Seventy-Five Thousand Dollars and Zero Cents), which payment will be made jointly payable t...

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