3325815
JANUARY 18, 2024
CLOSED SESSION REPORT OF FINAL ACTION
Date of Meeting: Thursday, January 18, 2024
Litigation Negotiations
GREGORY MILLER V. CITY OF OAKLAND AND DOES 1-100 Alameda County Superior Court Case No. 22CV008896 This matter is listed as Item No. 1(c) on the Closed Session Agenda:
The council authorized settlement in the amount of $100,000
This case arose out of incidents occurring on May 6, 2020.
FACTS/ISSUES:
Miller alleges that on May 6, 2020, Miller was riding their bicycle northbound on Monterey Boulevard, south of Leimert Boulevard, when the bicycle wheel lodged into a parallel storm drain grate, throwing Miller from the bicycle. Miller alleges Miller suffered injuries including to the left knee and lower back causing considerable pain and significantly limiting their lifestyle to this day. Miller alleges that the presence of parallel slats in the grate constitutes a dangerous condition of public property.
The City has determined that settlement in the amount of $100,000.00, without admitting liability and to avoid litigation, is in the City’s best interest.
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 =