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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 ANNE
RADCLIFFE V. CITY OF OAKLAND, AND DOES 1 THROUGH 25,
INCLUSIVE, ALAMEDA COUNTY SUPERIOR COURT CASE NO.
22CV010605, CITY ATTORNEY FILE NO. 34821, IN THE AMOUNT OF
FOUR HUNDRED THOUSAND DOLLARS AND ZERO CENTS
($400,000.00) (DEPARTMENT OF TRANSPORTATION – DANGEROUS
CONDITION)
WHEREAS, on the morning of July 18, 2021, Plaintiff Anne Radcliffe (“Radcliffe”) and her daughter were walking near 5095 Shafter Avenue when they tripped and fell on a raised portion of the sidewalk; and
WHEREAS, Radcliffe suffered a fractured ri ght elbow and underwent four surgeries.
Radcliffe’s daughter suffered scrapes but was not seriously injured.
WHEREAS, Radcliffe alleges that the concrete lift of the sidewalk constituted a dangerous condition of public property for which the City is liable; and WHEREAS, Plaintiff filed a lawsuit entitledAnne Radcliffe v. City of Oakland, and DOES 1-25, Alameda County Superior Court Case No. 22CV010605 alleging dangerous condition of public property; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in these cases; and
WHEREAS, the City has determined that it is in the City’s best i nterest to settle this lawsuit without admitting liability or wrongdoing and to avoid further litigation; now therefore be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Anne Radcliffe v. City of Oakland, et al., and DOES 1-25 , Alameda County Superior Court Case No. 22CV010605, for the sum of Four Hundred Thousand Dollars and Zero Cents ($400,000.00); and be it
AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
3372616v1 2
FURTHER RESOLVED: That the City Attorney is furthe r authorized and directed to take whatever steps as may be necessary to effect said 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 –
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California