APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF IAN
DAVIDSON V. CITY OF OAKLAND, COUNTY OF ALAMEDA, STATE
OF CALIFORNIA, AND DOES 1 -30, ALAMEDA COUNTY SUPERIOR
COURT CASE NO. RG20061509, CITY ATTORNEY’S FILE NO. 33799, IN
THE AMOUNT OF ONE HUNDRED SIXTY -FIVE THOUSAND
DOLLARS AND ZERO CENTS ($165,000.00) (DEPARTMENT OF
TRANSPORTATION - DANGEROUS CONDITION)
WHEREAS, Plaintiff alleges that on August 18, 2019, he fell from Plaintiff’s bicycle and was injured on Shepherd Canyon Road, between Paso Robles Drive and Shelterwood Drive , due to a roadway depression that Plaintiff alleges is a dangerous condition of public property; and
WHEREAS, allegedly due to the fall Plaintiff suffered broken bones in the right wrist and forearm, which resulted in several surgeries and further medical treatment; and
WHEREAS, Superior Court of the State of California, County of Alameda, Case No.
RG20061509, was filed against the City of Oakland and others, alleging against the City a claim for dangerous condition of public property; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
WHEREAS, the City admits no wrongdoing or liability; and
WHEREAS, the parties and their legal counsel have negotiated a fai r and reasonable settlement of these claims; now, therefore, be it
2 RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Ian Davidson v. City of Oakland, County of Alameda, State of California, and DOES 1-30, Alameda County Superior Court Case No. RG20061509, City Attorney’s File No. 33799, for the sum of One Hundred Sixty-Five Thousand Dollars and Zero Cents ($ 165,000.00); and be it
FURTHER RESOLVED: That the City Attorney is further authorized an d directed to take whatever steps as may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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