CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA x 6TH FLOOR x OAKLAND, CALIFORNIA 94612 Office of the City Attorney
Barbara J. Parker FAX:
(510) 238-3601
(510) 238-6500
City Attorney TTY/TDD: (510) 238-3254
(510) 238-6324
October 15, 2024
HONORABLE CITY COUNCIL
Oakland, California
Subject: Anne Radcliffe v. City of Oakland, and DOES 1 through 25, inclusive Alameda County Superior Court Case No. 22CV010605
City Attorney File No. 34821
(Department of Transportation – Dangerous Condition)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the C ity Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above-entitled lawsuit for the sum of Four Hundred Thousand Dollars and Zero Cents ($400,000.00), payable to Anne Radcliffe in a manner specified by Plaintiff’s counsel.
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. Radcliffe suffered a fractured right elbow and underwent four surgeries. Radcliffe’s daughter suffered scrapes but was not seriously inju red. Radcliffe alleges that the concrete lift of the sidewalk constituted a dangerous condition of public property for which the City is liable.
The City has determined that settlement in the amount of $400,000.000, without admitting liability and to avoid further litigation, is in the best interest of the City.
The City Council authorized settlement of this case in Closed Session on Thursday, October 3, 2024 (moved by Councilmember Kevi n Jenkins and seconded by Councilmember Rebecca Kaplan - 4 Ayes, 3 Excused – Councilmember Carroll File Councilmember Noel Gallo and President Pro Tem Dan Kalb, 1 Abstention Councilmember Treva Reid.) Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Hans I. Moore
3372618v1
Respectfully submitted,
BARBARA J. PARKER