APPROVED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ____________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF 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, IN THE AMOUNT OF SIX MILLION FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($6,500,000.00) (DEPARTMENT OF
TRANSPORTATION – DANGEROUS CONDITION OF PUBLIC
PROPERTY)
WHEREAS, Plaintiffs Lynne McDonald (“McDonald”) and David Barr allege that on May 12, 2018, McDonald was riding a bicycle on Grizzly Peak Boulevard in the southbound lane, approximately 400 yards south of the intersection with Lomas Cantadas and crashed near a large pothole suffering serious injuries, including incomplete quadriplegia; and WHEREAS, Plaintiffs sued the City of Oakland, alleging a claim for dangerous condition of public property;a n d
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in the case and determined to pay $6,500,000.00 to settle Plaintiffs’ claims; and WHEREAS, although the total settlement am ount is $6,500,000.00, the City will be reimbursed $3,500,000.00 by its insurance risk-sharing pool, along with its defense costs, resulting in a net payment by the City of approximately $3,000,000.00; and WHEREAS, the City does not admit any wrongdoing or liability; now, therefore, be it
ED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
2 RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of 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, for the sum of Six Million Five Hundred Thousand Dollars and Zero Cents ($6,500,000.00), payable to Plaintiffs and their attorneys; and be it
FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KA LB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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