File #: 19-0770    Version: 1 Name: Kwende - Civil Settlement
Type: Resolution Status: Adopted
File created: 5/1/2019 In control: Law
On agenda: 6/6/2019 Final action: 6/6/2019
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-7821-15 Claimant: Kossen Kwende Claimant's Attorney: Douglas D. Burgess, Esq. Attorney's Address: Icaza Burgess & Grossman, P.C., 550 Broad Street, Suite 703, Newark, New Jersey 07102 Settlement Amount: $150,000.00 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-7821-15
Claimant: Kossen Kwende
Claimant's Attorney: Douglas D. Burgess, Esq.
Attorney's Address: Icaza Burgess & Grossman, P.C.,
550 Broad Street, Suite 703, Newark, New Jersey 07102
Settlement Amount: $150,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel
body

WHEREAS, Plaintiff, Kossen Kwende, instituted a suit in the Superior Court of New Jersey, Law Division, Essex County, captioned, Kossen Kwende v. City of Newark, et al., Docket No. ESX-L-7821-15, in which the plaintiff sought recovery of damages for personal injury, as a result of a motor vehicle accident with a Public Safety/Newark Fire Division vehicle, as a result of the alleged actions and omissions of the City of Newark and/or its agents; and

WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by execution of a Settlement Agreement and Release and payment in the total amount of One Hundred and Fifty Thousand Dollars and Zero Cents ($150,000.00)("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 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 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 $150,000.00 (One Hundred and Fifty Thousand Dollars and Zero Cents), which payment will be made jointly to "Kossen Kwende and Icaza Burgess ...

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