3312743v1
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
December 5, 2023
HONORABLE CITY COUNCIL
Oakland, California
Subject: Lynne McDonald and David Barr v. City of Oakland, Contra Costa County, and Does 1 through 50
Alameda County Superior Court Case No. RG18931020
City Attorney File No. 32944
(Department of Transportation – Dangerous Condition of Public Property)
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 City of Oakland’s cross - complaint against Gallagher & Burk, Inc. in the above -entitled lawsuit, for Gallagher & Burk’s payment to the City of One Hundred Eighteen Thousand Dollars and Zero Cents ($118,000.00).
Plaintiffs Lynne McDonald (McDonald”) and David Barr allege that on May 12, 2018 at approximately 9:30 a.m., McDonald was riding a bicycle on Grizzly Peak Boulevard in the southbound lane, approximately 400 yards south of the intersection with Lomas Cantadas.
McDonald crashed near a large pothole and suffered serious injuries, including incomplete quadriplegia. 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 is ongoing.
The City has determined to settle its claim for litigation defense fees and costs against Gallagher & Burk, and any other claim s remaining in its cross -complaint against Gallagher & Burk, for the amount of One Hundred Eighteen Thousand Dollars and Zero Cents ($118,000.00), payable to the City.
The City Council authorized settlement of this c ase in Closed Session on T hursday, November 2 , 2023 (moved by Councilmember Janani Ramachandran and seconded by Councilmember Treva Reid - 7 Ayes, 1 Excused – Councilmember Carroll Fife).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Kevin P. McLaughlin