Nearly five years after a crash that killed a South Brunswick woman, Princeton Mayor Mark Freda and the Princeton Council have issued separate statements about a $7.25 million lawsuit settlement, revealing a disagreement over whether Freda was acting in his official capacity at the time of the incident.
The statements, released Oct. 27, address the November 2021 crash that killed Jodi Marcou and a teenager driving a stolen vehicle. They also provide details about how the settlement was reached, who paid for it and the municipality’s efforts to limit its legal liability in similar situations.
Freda and the Princeton Council acknowledged Marcou’s death and its impact on her family. Both said they had been unable to speak publicly about the lawsuit while litigation was ongoing.
At the center of the disagreement is Freda’s role in the events leading up to the Nov. 7, 2021, crash on Route 27, also known as Princeton-Kingston Road.
Marcou was driving an Acura MDX when it was struck head-on by a stolen Jeep Grand Cherokee driven by a 15-year-old teenager who was fleeing from police. Both drivers were killed.
The lawsuit, filed by Marcou’s husband, David Marcou, claimed Freda contributed to the crash by chasing the stolen Jeep. Freda was driving his personal vehicle, which was equipped with an emergency blue light used by volunteers with the Princeton First Aid & Rescue Squad (PFARS) and the Princeton Fire Department.
At the time, Freda was Princeton’s mayor and served as president and a member of PFARS. He also volunteered with the Princeton Fire Department. PFARS is a community-supported organization that is not affiliated with the municipality.
The lawsuit was initially filed in June 2022 and amended in 2023 to include Freda, the municipality and PFARS. The Hanover Insurance Group, which had disputed automobile insurance claims filed by Marcou, also brought claims against Freda, the town and PFARS.
The litigation was settled Aug. 17 in Mercer County Superior Court, and a stipulation of dismissal was filed Aug. 28.
During the litigation, Freda and his legal representatives maintained that he was acting in his official capacity as mayor at the time of the crash. However, the attorney appointed by the municipality’s Joint Insurance Fund (JIF) to represent Princeton challenged that claim.
The town’s attorney argued that Freda’s actions were outside the scope of his official responsibilities as mayor and were neither authorized by nor consistent with established municipal or state policies and procedures.
In its statement, the Princeton Council said it supported the town’s attorney’s position because of its responsibility to protect the municipality’s legal and financial interests.
Because the lawsuit was settled before going to trial, the question of whether Freda was acting in his official capacity was never decided by a court.
In his statement, Freda expressed sorrow over Marcou’s death and said no statement, settlement or passage of time could undo the family’s loss. He said he was “profoundly sorry” and hoped the conclusion of the lawsuit would bring the family some peace.
Freda said he had devoted his entire adult life to Princeton — as a volunteer, a first responder and mayor — because he cares deeply about the safety and well-being of its residents. He said that commitment has guided his decisions throughout his public life.
“I understand the responsibility that comes with the trust our residents place in their elected officials. I also want to be transparent about how this matter was handled, because there has been understandable confusion in the public reporting,” he said.
Freda also addressed questions about his actions on the day of the crash.
“I recognize that questions have been raised about my role on the day of the crash. What I can say is that I acted out of concern for the safety of my community, not out of any disregard for it,” Freda said.
“Throughout this case, I have consistently maintained that I did not act with willful or wanton disregard for anyone’s safety. The question of whether I acted properly was never decided by a court because the insurance companies determined to settle the matter,” he said.
Freda said he has always tried to act in good faith and in the interest of protecting the community. He also acknowledged the importance of learning from difficult experiences in public service.
The mayor and the Princeton Council also sought to clarify how the $7.25 million settlement was funded and who was responsible for negotiating its terms.
Of the settlement, the Municipality of Princeton paid $3.5 million through its insurance fund, while Freda paid $2.3 million individually through his personal automobile insurance policies.
The Marcou family’s uninsured motorist coverage provided $1.25 million. PFARS paid $100,000, and the insurance company representing the owner of the stolen Jeep Grand Cherokee paid another $100,000.
Freda said he and the municipality were each represented by attorneys assigned and provided through the town’s JIF, a shared-services, self-insurance fund formed by local public entities that pool resources to cover risks such as liability.
Freda also retained his own attorney at his own expense to represent his individual interests. He said he cooperated fully with the investigation into the crash.
According to Freda, the settlement terms were determined by the insurance companies and a court-appointed mediator through an independent process. Neither he nor the municipality had input into the terms of the settlement.
The Princeton Council offered a similar explanation of the settlement process in its companion statement, which it said represented the collective position of the six council members rather than their individual views about the incident or the actions of anyone involved.
“We do not speak for the mayor,” the Princeton Council said in its statement.
The council said it had received periodic updates about the litigation but had no role in determining legal strategy or negotiating the settlement.
Under the JIF’s no-consent insurance policy, the insurance fund had independent authority to resolve the lawsuit on terms it considered appropriate.
“The Princeton Council therefore neither participated in determining the settlement amount, nor voted to authorize the settlement,” according to its statement.
Although the council did not control the litigation, it hired the law firm of DeCotiis FitzPatrick Cole & Giblin LLP to provide an additional layer of independent oversight of the municipality’s legal representation.
The council authorized spending up to $17,500 for the review, although the full amount has not been spent.
“This constitutes the only direct expenditure of municipal taxpayer funds associated with the litigation. The settlement was funded through the JIF,” the Princeton Council said.
The council emphasized that the municipality’s share of the settlement was covered through its insurance arrangements rather than a direct expenditure of municipal taxpayer funds.
Beyond explaining the settlement, the council said it is taking steps to prevent similar questions about municipal liability from arising in the future.
It has asked the DeCotiis law firm to work with the municipal administrator and municipal attorney to develop legal safeguards that would limit the municipality’s potential liability when elected officials serve in multiple capacities.
The council also intends to explore measures to ensure that elected officials understand the scope and limitations of their authority, particularly when they hold other positions or serve as volunteers with emergency response organizations.
“We believe there must be an absolute and inviolable separation between the responsibilities of elected office and the exercise of law enforcement authority,” the Princeton Council stated.
The council said its position during the litigation was guided by its responsibility to safeguard the municipality’s legal and fiduciary interests, while recognizing the devastating loss of life that led to the lawsuit.
Both Freda and the council expressed hope that resolving the case would bring some measure of closure to the families affected by the crash.
The Princeton Council said its members’ thoughts remain with the families who continue to mourn their loved ones.
