The city is paying out $100,000 to settle a lawsuit filed by two Hackensack men whose vehicle was struck by a fire truck on Madison Avenue, according to court documents and municipal records.

Luis Logrono’s vehicle was struck on Madison Avenue by a fire truck that was being operated by firefighter Roshawn Davis on February 20th, 2014, according to his court complaint.

Logrono alleges the truck was being operated “recklessly, carelessly and negligently” when it sideswiped his vehicle as he pulled over to allow the truck to pass.

He alleges he and a passenger, Luis Logrono III, were “violently tossed about” in his vehicle sustaining injuries that caused permanent disability, disfigurement, and loss of bodily function.

Davis said the fire truck was responding to an emergency “forced entry” call with its siren activated. He said the Logrono yielded to the truck, but the engine grazed his vehicle.

“At the time of the incident the road was icy and there were piles of snow on the side of the road,” reads Davis’ certified statement submitted to the court.

Davis was traveling at 5-10 miles speed. He said the two Hackensack indicated they did not require medical attention after the accident and drove off.

The city is paying $15,000 to Logrono and $85,000 to Logrono III, according to city records.

Council members approved the settlement during a closed-door special meeting on Tuesday night.

The council is prohibited from taking actions on measures during a closed meeting by the Open Public Meetings Act. In this instance, the council entered into a closed-session, but failed to indicate it had exited the executive session to several members of the public waiting outside of the council chamber.

Law director Domenick Stampone said he was doing various things and could not signal to the public the council had exited its closed session. He also noted a clerk from the City Clerk’s Office generally opens the door to the council chamber when the council comes out of its executive session.

City clerk Sonia Gordon said she thought everyone had left.

Stampone said the council could vote again on all measures approved at the special meeting if a judge were to rule the city violated the Open Public Meetings Act.

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