Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-3062-20
Claimant: Derrick Foster
Claimant's Attorney: Lomurro, Munson, Comer, Brown & Schottland, LLC
Settlement Amount: $100,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
body
WHEREAS, Plaintiff Derrick Foster instituted a suit in the Superior Court of New Jersey captioned Derrick Foster v. City of Newark et al., ESX-L-3062-20, in which the plaintiff sought recovery for damages allegedly sustained in 2017 for the alleged collusion with the City's vehicle resulting personal injuries; and
WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by payment in the total amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00) ("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 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 o...
Click here for full text