APPROVED AS TO FORM AND LEGALITY
2023 FEB-2 PM V- 58
FI! FO
SITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
8 9598 'RESOLUTION NO. C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF RENEE
KESSLER MILLER V. CITY OF OAKLAND, AND DOES 1 TO 100,
INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
21CV002203, CITY ATTORNEY FILE NO. 34755, IN THE AMOUNT OF THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00)
(DEPARTMENT OF TRANSPORTATION - DANGEROUS CONDITION
OF PUBLIC PROPERTY)
WHEREAS, Plaintiff Renee Kessler Miller alleges that on June 14, 2021, Miller tripped and fell on a pothole while walking from a street parking space to the sidewalk in front of 6200 Antioch Street. The pothole was partially covered by the left front of Miller’s parked car. Miller alleges the pothole was a dangerous condition of public property; and WHEREAS, Miller allegedly was diagnosed with a right ankle sprain, fracture to the tip of the fibula, and an abnormal proliferation of fibrous tissue in the ankle ligament due to this incident; and
WHEREAS, Miller filed Alameda County Superior case number 21CV002203 against the City of Oakland, alleging 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
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Renee Kessler Miller v. City of Oakland, and DOES 1 to 100, Inclusive, Alameda County Superior Court, Case No. 21CV002203, City Attorney File No. 34755, for the sum of Thirty Thousand Dollars and Zero Cents ($30,000.00); 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: mt 1 2023
'8
AYES - FIFE, GALLO, JENKINS KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES-
ABSENT -
ABSTENTION
ATTEST:
J) ASHA REED
City Cftdrk and Cre^k of the Council of the
City of Oakland, California
3234430vl
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