2022 OCT 13 PH 5= 28
filedGFPICE OF THE CITY CLERK
OAKLAND
APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
89446 *RESOLUTION NO. C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF SAMI
JABAJI, AN INDIVIDUAL V. THE CITY OF OAKLAND; A PUBLIC
ENTITY; THE COUNTY OF ALAMEDA, A PUBLIC ENTITY;
CALIFORNIA DEPARTMENT OF TRANSPORTATION DOING
BUSINESS AS (“DBA”) CALTRANS; A PUBLIC ENTITY; STATE OF CALIFORNIA, A PUBLIC ENTITY AND DOES 1 THROUGH 20,
INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
RGI9046209, CITY ATTORNEY’S FILE NO. 33548, IN THE AMOUNT OF
SEVEN HUNDRED FORTY-FIVE THOUSAND DOLLARS AND ZERO
CENTS ($745,000.00) (DEPARTMENT OF TRANSPORTATION -
DANGEROUS CONDITION OF PUBLIC PROPERTY)
WHEREAS, Plaintiff alleges that on June 20, 2019, they suffered injuries from a bicycle accident wherein their bicycle tire became lodged in a sinkhole on Harrison Street near the intersection of Harrison Street and Moss Avenue in Oakland, due to an alleged dangerous condition of public property; and
WHEREAS, Plaintiff claims they suffered a traumatic brain injury and various orthopedic injuries including a broken clavicle, which required surgery and further medical treatment.
Plaintiff also claims a herniated spinal disc resulted in chronic pain and will require a future discectomy surgery; and
WHEREAS, Plaintiff filed Superior Court of the State of California, County of Alameda, Case No. RG19046209 against the City of Oakland, and other parties later dismissed, alleging a claim against the City 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 fair and reasonable settlement of these claims; now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Sami Jabaji, an individual v. The City of Oakland; a public entity; The County of Alameda, a public entity; California Department of Transportation dba Caltrans; a public entity; State of California, a public entity and DOES 1 - 20, inclusive, Alameda County Superior Court Case No. RG19046209, City Attorney’s File No. 33548, for the sum of Seven Hundred Forty-Five Thousand Dollars and Zero Cents ($745,000.00); and be it FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps as may be necessary to effect said settlement.
OCT 18 2022IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
-S'NOES-
ABSEN' ■fir
ABSTENTION - ~
ATTEST: /tx\
A ASHARBED
CjvyCievk and Clerk of the Council of the
City of Oakland, California
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