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
November 12, 2024
HONORABLE CITY COUNCIL
Oakland, California
Subject: Maria Antonia Gallo Sanchez v. City of Oakland, and DOES 1 through 50, inclusive
Alameda County Superior Court Case No. 22CV014790
City Attorney File No. 34823
(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 Three Hundred and Fifty Thousand Dollars and Zero Cents ($350,000.00), payable to Maria Antonia Gallo Sanchez in a manner specified by Plaintiff’s counsel.
This claim arises from an incident on September 11, 2021, when Maria Antonia Gallo Sanchez (“Sanchez”) walked along International Boulevard toward a bus stop island in the middle of the street. As Sanchez passed a column at the base of an archway near 3351 International Boulevard, Sanchez’s pant leg was tangled on a pi ece of rebar protruding from the broken archway; this caused Sanchez to fall and fracture Sanchez’ right elbow. Sanchez alleges that Sanchez suffered severe loss of range of motion in the elbow result ing in a loss of earning capacity. The City has determined that settlement in the amount of $350,000 to Plaintiff, without admitting liability and to avoid further litigation, is in the City’s best interest.
The City Council authorized settlement of this case in Closed Session on Thursday, October 17, 2024 (moved by Councilmember Noel Gallo and seconded by Councilmember Carroll Fife - 6 Ayes, 2 Excused - Councilmember Janani Ramachandran and Council President Nikki Fortunato Bas.)
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Hans I. Moore, Deputy City Attorney
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Respectfully submitted,
BARBARA J PARKER