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CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA x 6 TH FLOOR x OAKLAND, CALIFORNIA 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
February 6, 2024
HONORABLE CITY COUNCIL
Oakland, California
Subject: Gregory Miller v. City of Oakland and Does 1-100 Case No. 22CV008896
City Attorney File No. 34100
(Public Works – Dangerous Condition of Public Property) President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the Ci ty Attorney has prepared and requests your approval of a resolution authorizing compromise a nd settlement of the above-entitled lawsuit for the sum of One Hundred Thousand Dollars and Zero Cents ($100,000.00), payable to Gregory Miller (“Miller”) and their attorneys.
Miller alleges that on May 6, 2020, Miller was riding their bicycle northbound on Monterey Boulevard, south of Leimert Boulevard, wh en the bicycle wheel lodged into a parallel storm drain grate, throwing Miller from the bi cycle. Miller alleges Miller suffered injuries including to the left knee and lower back causin g considerable pain and significantly limiting their lifestyle to this day. Miller alleges that the pr esence 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.
The City Council authorized settlement of th is case in Closed Session on Thursday, January 18, 2024 (moved by Councilmember Janani Ramachandran and seconded by Councilmember Treva Reid - 7 Ayes, 1 Absent – Councilmember Noel Gallo).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Courtney O’Brien
Respectfully submitted,
BARBARA J PARKER