3288045v1
CITY OF OAKLAND
ONE F R A N K H. O G A W A P L A Z A • 6 TH F L O O R • O A K L A N D , C A L I F O R N I A 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
September 19, 2023
HONORABLE CITY COUNCIL
Oakland, California
Subject: Armando Foster v. City of Oakland, Stak Zahourek, and DOES 1 - 50 Alameda County Superior Court Case No. 21CV004024
City Attorney File No. 33710
(Oakland Police Department – Auto Accident)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above -entitled lawsuit for the sum of One Hundred Ninety Thousand Dollars and Zero Cents ($190,000.00), payable to Kline Simon Law Firm in Trust for Armando Foster.
This lawsuit arises from a July 23, 2019 auto accident between Plaintiff Armando Foster’s (“Foster”) vehicle and an OPD vehicle, at the intersection of High Street and Walnut Street . 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 the demands of their pre-accident vocations, and that they suffered from a $165,000.00 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 City’s best interest.
The Council authorized settlement of this case in closed session on Thursday, July 20, 2023 (moved by Councilmember Noel Gallo and seconded by Councilmember Janani Ramachandran - 5 Ayes and 3 Absent – Councilmembers Kevin Jenkins, Dan Kalb and Treva Reid).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney
Michael Quirk