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File #: 22-1244    Version: 1 Name: Resolution: Civil Settlement - Jamileth Yanez et. al
Type: Resolution Status: Adopted
File created: 8/29/2022 In control: Law
On agenda: 11/14/2022 Final action: 11/14/2022
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-L-3972-18 Claimant: Jamileth T. Yanez, an infant, and her guardian, Diana Yanez Claimant's Attorney: Steven Shakhnevich (Shakhnevich Law Group, P.C., and William P. Mikita, Jr., Mikita and Roccanova, LLC Settlement Amount: $1,200,000.00 Funding Source: Insurance Trust Fund Additional Comments:
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-3972-18
Claimant: Jamileth T. Yanez, an infant, and her guardian, Diana Yanez
Claimant's Attorney: Steven Shakhnevich (Shakhnevich Law Group, P.C., and William P. Mikita, Jr., Mikita and Roccanova, LLC
Settlement Amount: $1,200,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
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WHEREAS, Plaintiff, Jamileth T. Yanez, an infant, and her guardian, Diana Yanez, instituted a suit in the Superior Court of New Jersey captioned Jamileth T. Yanez, an infant, and her guardian, Diana Yanez v. City of Newark and Arthur Skinner, Docket No. ESX-L-3972-18, in which the Plaintiff sought recovery for damages allegedly sustained in 2016, as a result of an automobile accident caused by the alleged negligence of a City of Newark employee; and

WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by payment in the total amount of One Million, Two Hundred Thousand Dollars and Zero Cents ($1,200,000.00) (the "Settlement Sum"), and execution of a Settlement Agreement and Release; and

WHEREAS, to avoid the costly expense of litigation, the Parties and the City's Corporation Counsel desire to amicably resolve this matter with payment by the City of Newark of the Settlement Sum, in exchange for Plaintiff's execution of the Settlement Agreement and Release (attached) as a full and complete release of the matter; and

WHEREAS, the Corporation Counsel, based upon all facts and circumstances presented, deems it is in the best interest of the City of Newark to resolve said matter by payment of the proposed Settlement Sum and execution of the Settlement Agreement and Release.

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 th...

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