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November 2, 2023 Closed Session Report Out of Final Action - Lynne McDonald v. City of Oakland

Oakland City Council
November 7, 2023

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November 2, 2023 Closed Session Report Out of Final Action - Lynne McDonald v. City of Oakland
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November 7, 2023
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Oakland City Council
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November 2, 2023

CLOSED SESSION REPORT OF FINAL ACTION

Date of Meeting: Thursday, November 2, 2023

Litigation Negotiations
NAME OF ACTION:

Lynne McDonald, et al. v. City of Oakland, et al.

Alameda County Superior Court Case No. RG18931020

This matter is listed as Item No. 1(d) on the Closed Session Agenda:

The council authorized settlement in the amount of $118,000.00 payable to the City.

This case arose out of an incident occurring on May 12, 2018.

FACTS/ISSUES:

Plaintiffs Lynne McDonald and David Barr allege that on May 12, 2018 Lynne McDonald fell while riding a bicycle and was injured as a result of a pothole on Grizzly Peak Boulevard, approximately 400 yards south of the intersection with Lomas Contadas. Plaintiffs sued the City for dangerous condition of public property and Gallagher & Burk, Inc., the City’s paving contractor, for negligence. The City filed a cross-complaint against Gallagher & Burk, alleging that it is obligated to defend and indemnify the City from Plaintiffs’ claims. Gallagher & Burk subsequently settled any claims Plaintiffs have against the City by virtue of Gallagher & Burk’s negligence. Plaintiffs’ complaint against the City remains pending.

The City has now determined to settle its claim for litigation defense fees and costs against Gallagher & Burk, and any other claim remaining in its cross-complaint against Gallagher & Burk, in the amount of One Hundred Eighteen Thousand Dollars and Zero Cents ($118,000.00), payable to the City.

Motion Made by: Councilmember Ramachandran
Motion Seconded by: Councilmember Reid

AYES: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and President Fortunato Bas=7
NOES: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and President Fortunato Bas= ABSENT: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and President Fortunato Bas=1
ABSTENTIONS: Fife, Gallo, Jenkins, Kalb, Kaplan, Ramachandran, Reid, and President Fortunato Bas=
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