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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: Marjorie Hall v. City of Oakland and Does 1 through 20, inclusive Alameda County Superior Court Case No. RG21108908
City Attorney File No. 34452
(Oakland Fire Department – Motor Vehicle 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 Forty-Five Thousand Dollars and Zero Cents ($45,000.00), payable to Marjorie Hall and Robert G. Schock.
This lawsuit arises from a December 10, 2020 auto accident between a civilian driver and an Oakland Fire Department (“OFD”) fire engine, at the intersection of Fruitvale Avenue and Harold Avenue.
Plaintiff Hall was taken by ambulance to the emergency room after the accident. Hall suffered a fractured sternum and partially collapsed lung, as well as chest, neck, back, and shoulder pain. After the accident, Hall claims to have endured anxiety while driving, and chronic back, shoulder, and neck pain. Hall’s current recoverable medical expenses are $17,182.04, and claimed lost wages are $1,500.00. The City has determined that settlement in the amount of $ 45,000.00, 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 Janani Ramachandran and seconded by Councilmember Noel Gallo - 5 Ayes and 3 Absent – Councilmembers Kevin Jenkins, Dan Kalb and Treva Reid).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney
Michael Quirk