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 LYNN
MLADJOV AND VASSIL MLADJOV V. CITY OF OAKLAND AND DOES
1 TO 100, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
RG20082462, CITY ATTORNEY’S FILE NO. 34128, IN THE AMOUNT OF EIGHTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($ 85,000.00) (DEPARTMENT OF TRANSPORTATION - DANGEROUS CONDITION
OF PUBLIC PROPERTY)
WHEREAS, Plaintiff Lynn Mladjov alleges that on April 17, 2020, Plaintiff was injured while walking on the sidewalk near 644 Trestle Glen Road due to a sidewalk uplift that Plaintiff alleges is a dangerous condition of public property; and
WHEREAS, Plaintiff Lynn Mladjov allegedly suffered a fracture of the radial head of the right elbow, torn labrum (cartilage) of the right shoulder, and sprained finger due to this incident; and
WHEREAS, Plaintiff Lynn Mladjov underwent surgery for the elbow fracture; and
WHEREAS, Plaintiff Vassil Mladjov alleges loss of consortium for decreased marital emotional support and companionship and household services from wife Lynn Mladjov during Lynn Mladjov’s recovery; and
WHEREAS, Plaintiffs Lynn Mladjov and Vassil Mladjov filed Alameda County Superior case number RG20082462 against the City of Oakland, all eging 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 fair 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 Lynn Mladjov and Vassil Mladjov v . City of Oakland and DOES 1 to 100 , Alameda County Superior Court Case No. RG20082462 , City Attorney’s File No. 34128, for the sum of Eighty Five Thousand Dollars and Zero Cents ($ 85,000.00), which is apportioned as $80,000.00 for Lynn Mladjov and $5,000.00 for Vassil Mladjov; and be it
FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps 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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