3288048
JULY 20, 2023
CLOSED SESSION REPORT OF FINAL ACTION
Date of Meeting: Thursday, July 20, 2023
Litigation Negotiations
NAME OF ACTION:
Armando Foster v. City Oakland, Stak Zahourek, and DOES 1 – 50 Alameda County Superior Court Case No. 21CV004024
This matter is listed as Item No. 1(b) on the Closed Session Agenda:
The council authorized settlement in the amount of $190,000.00
This case arose out of an incident occurring on June 23, 2019
FACTS/ISSUES:
On July 23, 2019, Plaintiff Armando Foster (“Foster”) was involved in a high speed automobile accident with an Oakland Police Department (“OPD”) vehicle, at the intersection of High Street and Walnut Street in Oakland. An OPD traffic collision report found the officer at fault for the accident, and Foster filed suit against the City alleging the officer drove negligently, which caused the accident.
Foster claims they suffered various orthopedic injuries as well as a spinal injury . Foster’s neurosurgeon recommended that Foster undergo spinal surgery and further medical treatment estimated to cost $63,486.68. Foster also claims an inability to perform all of the demands of their pre -accident vocations, and that they suffered from a $165,000 wage loss as a result.
The City has determined that settlement in the amount of $ 190,000.00, without admitting liability and to avoid further litigation, is in the best interest of the City. The approved settlement resolves all claims made by Foster in this matter.
Motion Made by: Gallo
Motion Seconded by: Ramachandran
AYES: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid and President Fortunato Bas= 5 NOES: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid and President Fortunato Bas= ABSENT: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid and President Fortunato Bas= 3 ABSTENTIONS: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid and President Fortunato Bas=