2023 MAY -4 P11 5: 00
FILED
OFFICE Of THE CI TY CLERK
OAKLAND
APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY'S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. 8 9 7 3 3 i C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF TERRY
SMITH V. CITY OF OAKLAND AND DOES 1TO30, ALAMEDA COUNTY SUPERIOR COURT CASE NO. RG21101859, CITY ATTORNEY FILE NO. 34617, IN THE AMOUNT OF ONE HUNDRED FIFTY THOUSAND
DOLLARS AND ZERO CENTS ($150,000.00) (OAKLAND POLICE
DEPARTMENT - NEGLIGENCE)
WHEREAS, Plaintiff Terry Smith alleges that on January 29, 2021, Smith was injured while being transported by Officer McBride of the Oakland Police Department; and WHEREAS, Smith alleges that when the officer made a U-turn, Smith's body was thrown across the rear passenger area and Smith's shoulders and head struck the hard seat bottom and seat back of the vehicle.
WHEREAS, Smith alleges medical professionals diagnosed Smith with a near complete tear of the ulnar collateral ligament of the left thumb and a tom rotator cuff in the right shoulder due to this incident and underwent ligament reconstruction surgery and arthrodesis surgery for the left thumb and rotator cuff repair surgery; and
WHEREAS, Smith filed Alameda County Superior case number RG2l101859 against the City of Oakland , alleging a claim for negligence; 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 Terry Smith v. City of Oakland and DOES 1 to 30, Alameda County Superior Court case number RG21101859 , City Attorney file number 34617, for the sum of One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00); and be it FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND , CALIFORNIA ,
PASSED BY THE FOLLOWING VOTE:
MAY 1 6 2023
A YES - FIFE , GALLO, JENKINS , KALB , KAPLAN, RAMACHANDRAN , REID , AND PRESIDENT FORTUNATO BAS -i
NOES -ff
ABSENT -2
ABSTENTION -$!)
32572 64v1
2 City Clerk and Clerk of the Council of the
City of Oakland , California