3151565v1
CITY OF OAKLAND
ONE F R A N K H. O G A W A P L A Z A • 6 TH F L O O R • O A K L A N D , C A L I F O R N I A 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
March 15, 2022
HONORABLE CITY COUNCIL
Oakland, California
Subject: Frank K. Berfield v. Frederick Wynn; Greenwich Logistics, LLC, a Delaware Corporation, dba 1 -800 Courier; 1 -800 Courier Brokers, LLC, a Delaware Corporation; City of
Oakland; and DOES 1 through 100
Alameda County Superior Court Case No. RG20063846
City Attorney File No. 33849
(Oakland Department of Transportation – Dangerous Condition of Public Property)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above -entitled lawsuit for the sum of: Two Hundred Thousand Dollars and No Cents ($200,000.00), payable to Ongaro PC in trust for Frank Berfield.
This action arises from a June 30, 2019 collision between a motorcycle and a van at the intersection of Grass Valley Road and Sun Valley Drive in Oakland, California. The collision occurred on a portion of Grass Valley Road that is lined on both sides by numerous eucalyptus trees. Plaintiff Frank Berfield alleged that the trees interfered with the lines of sight of the driver of the motorcycle, Frank Berfield, and the driver of the van, Frederick Wynn. Pl aintiff alleges that Plaintiff suffered a broken right ankle and broken right forearm, dislocated right hand, and cuts and bruises in the accident. Plaintiff claims approximately $135,000 in past medical expenses, future medical expenses, and approximatel y $180,000 in past wage loss, as well as pain and suffering.
The City Council authorized settlement of this case in Closed Session on T hursday, February 24, 2022 (moved by Councilmember Noel Gallo and seconded by Councilmember Treva Reid - 8 Ayes).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Kevin P. McLaughlin