3341935
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
July 2, 2024
HONORABLE CITY COUNCIL
Oakland, California
Subject: Troy Allen Russell, et al. v. Kathleen Ann Zitani, et al.
Case No. RG18916045
City Attorney File No.32626
(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 Ci ty Attorney has prepared and requests your approval of a resolution authorizing co mpromise and settlement of the above -entitled lawsuit for the sum of Six Million Two Hundred Fifty Thousand Dollars and Zero Cents ($6,250,000.00), payable to Plaintiffs and their counsel.
On September 28, 2017, at approximately 7:45 a.m., Co -Defendant Kathleen Ann Zitani’s car struck Plaintiff Troy Allen Russell (“Russell”) as Russell was crossing the street in a crosswalk at the intersection of Opal St. and 40th St . Russell allegedly suffered a fractured skull and life-threatening brain injury. After many months in the hospital, Russell was discharged with a significant loss of executive function and memo ry loss. Russell’s wife, Eugenia Maria Russell, alleges loss of consortium. Plai ntiffs subsequently filed this lawsuit against the City for dangerous condition of public property, all eging a design defect at the intersection.
The City Council authorized settlement of this case in Closed Session on Thursday, April 18, 2024 (moved by Councilmember Noel Gallo and seconded by Councilmember Carroll Fife - 5 Ayes, 3 Excused – President Pro Tem Dan Kalb, Councilmember Treva Reid and Councilmember Janani Ramachandran).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Christina Lum
Respectfully submitted,
BARBARA J PARKER