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
December 3, 2024
HONORABLE CITY COUNCIL
Oakland, California
Re: David Horn v. City of Oakland, California Department of Transportation and DOES 1 – 20
Alameda County Superior Court Case No. 23CV031092
City Attorney File No. 35524
(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 One Hundred Thousand Dollars and Zero Cents ($100,000.00), payable to Plaintiff David Horn (“Horn”), in a manner specified by Plaintiff’s counsel.
Horn alleges that on April 26, 2022, Horn was riding a motorcycle down the Highway 24 offramp toward Miles Avenue. Horn alleges that at the bottom of the ramp the motorcycle hit a pothole, causing Horn to lose control, fall and ski d. Horn alleges that the pothole was a dangerous condition and sued the City of Oakland and the California Department of Transportation (“CalTrans”).
Horn suffered injuries including a torn labrum ( a rim of soft tissue or fibrous cartilage that surrounds the socket of a ball and socket joint to make it more stable)in the right hip, which required surgery. Horn’s past medical expenses are approximately $53, 231. Additionally, Horn claims damages for pain and suffering, including Post Traumatic Stress Disorder.
The City determined that settlement of Horn’s lawsuit against the City for the sum of One Hundred Thousand Dollars and No Cents ($100,000.00) on behalf of the City, without admitting liability and to avoid further litigation, is in th e best interest of the City. Caltrans is contributing Seventy-Five Thousand Dollars and No Cents ($75,000 .00) to the settlement for a total settlement amount of One Hundred Seventy Five Dollars and No Cents ($175,000.00).
The City Council authorized settlement of this case in Closed Session on Thursday, November 7, 2024 (moved by Councilmember Da n Kalb and seconded by Councilmember Noel Gallo – 5 Ayes, 3 Excused – Councilmembers Carroll Fife, Kevin Jenkins and Treva Reid).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Lorena Matei
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Respectfully submitted
,
BARBARA J. PARKER