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
DEBORAH FERGUSON V. CITY OF OAKLAND AND DOES 1-100,
ALAMEDA COUNTY SUPERIOR CO URT CASE NO. 22CV022371, CITY ATTORNEY FILE NO. 35363, IN THE AMOUNT OF ONE HUNDRED AND
SEVENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS
($175,000.00) (DEPARTMENT OF PUBLIC WORKS - DANGEROUS
CONDITION OF PUBLIC PROPERTY)
WHEREAS, Plaintiff Deborah Ferguson(“Ferguson”) alleges that on December 29, 2021, Ferguson was driving a vehicle on southbound Shepar d Canyon Road, near Escher Drive, when an oak tree on City property fell and crashe d through the windshield of the vehicle. Ferguson alleges that the tr ee hit Ferguson’s head and caused Ferguson to suffer a traumatic brain injury; and
WHEREAS, Ferguson alleges that the oak tree fell because a larger pine tree on the hillside above it, which the City had previously identified as a falling hazard but failed to remove, fell on it in stormy weather; and
WHEREAS, Ferguson alleges that both trees consti tuted dangerous conditions of public property of which the City had notice; and
WHEREAS, Ferguson seeks damages for medical expenses, wage loss, and pain and suffering; and
WHEREAS, Ferguson filed Superior Court of the State of California, County of Alameda, Case No. 22CV022371 against the City of Oakland, alleging a claim against the City for dangerous condition of public property; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
WHEREAS, the City admits no wrongdoing or liability; and WHEREAS, the parties and their legal counsel have negotiated a fair and reasonable settlement of these claims; now, therefore, be it
VED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
3337432v1 2
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Deborah Ferguson v. City of Oakland and Does 1-100, Alameda County Superior Court Case No. 22CV022371, for the sum of One Hundred and Seventy-Five Thousand Dollars and Zero Cents ($175,000.00); and be it
FURTHER RESOLVED: That the City attorney is further authorized and directed to take whatever steps as may be necessary to effect this settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, 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