FEBRUARY 24, 2022
CLOSED SESSION REPORT OF FINAL ACTION
Date of Meeting: Thursday, February 24, 2022
Litigation Negotiations
NAME OF ACTION:
Rebecca Thomas v. City of Oakland and DOES 1 – 20
Alameda County Superior Court, Case No. RG20065500
This matter is listed as Item No. 1(a) on the Closed Session Agenda:
The Council authorized settlement in the amount of $50,000.00.
This case arose out of an incident occurring on January 19, 2020.
FACTS/ISSUES:
On January 19, 2020, Plaintiff Rebecca Thomas was walking on Mountain Boulevard when Plaintiff tripped and fell on a deteriorated section of an asphalt berm on the side of the road. Plaintiff’s face and head struck the ground. Plaintiff was later diagnosed with post-concussion syndrome after complaints of chronic severe headaches. Plaintiff’s physicians noted trauma to Plaintiff’s right knee as a result of the fall, and Plaintiff later had total knee replacement surgery on this knee.
Plaintiff sued the City, alleging the condition of the road was a dangerous condition of public property. Plaintiff’s alleged economic damages at this time are approximately $43,082. The approved settlement resolves all claims with Plaintiff in this matter.
Motion Made by: Councilmember Thao
Motion Seconded by: Councilmember Gallo
Ayes: Fife, Gallo, Kalb, Kaplan, Reid, Taylor, Thao and President Fortunato Bas= 8 Noes: Fife, Gallo, Kalb, Kaplan, Reid, Taylor, Thao and President Fortunato Bas=
Absent: Fife, Gallo, Kalb, Kaplan, Reid, Taylor, Thao and President Fortunato Bas= AbstentionS: Fife, Gallo, Kalb, Kaplan, Reid, Taylor, Thao and President Fortunato Bas= 3146854v2