By Matthew Hersh
A civil lawsuit stemming from a November 2021 motor vehicle crash that killed two people has been settled, with the case formally dismissed last month after the parties reached an agreement approximately two months earlier.
The case, brought by David Marcou, executor of the estate of Jodi Marcou, and David Marcou individually, named Princeton Mayor Mark Freda, the Municipality of Princeton, and Princeton First Aid & Rescue Squad (PFARS), among others, as defendants.
A stipulation of dismissal filed in Mercer County Superior Court August 28 states that the matter had been “amicably adjusted” and was being dismissed “without costs against the parties with prejudice.” Attorneys representing the plaintiffs and defendants signed the stipulation.
Freda said this week that he could not discuss the litigation in detail, but confirmed that the matter had been settled approximately two months ago. It took that time for the settlement to be finalized through the court system.
The lawsuit arose from a November 7, 2021 crash on Route 27 that killed Jodi Marcou, 61, a fundraising coordinator at Rutgers University, and 15-year-old Damajia Horner, of Newark. A 14-year-old passenger in Horner’s vehicle was critically injured.
According to Town Topics’ reporting in 2023, the crash followed the theft of an SUV from a home on Dodds Lane. Horner was driving the SUV, which was involved in a high-speed pursuit before it crashed head-on into Marcou’s Acura near Carnegie Drive. Both drivers were killed.
Freda was added as a defendant in the lawsuit on July 21, 2023. At the time, Freda was president of PFARS and a volunteer firefighter. The civil complaint alleged that Freda activated the blue lights on the vehicle he was driving and allegedly pursued the vehicle involved in the incident. The lawsuit alleged that his actions violated applicable township, police, and First Aid/Rescue policies.
The allegations against Freda were part of a civil lawsuit. He was never charged with a traffic violation or a crime in connection to the incident.
The August 28 court filing does not disclose the financial terms of the settlement, and it does not contain any admission of liability or finding by the court regarding the allegations, only that the matter was resolved by agreement and dismissed with prejudice.
The dismissal brings to a close litigation that had continued for more than three years after Freda was named as a defendant.