APPROVED AS TO FORM AND LEGALITY
_____________________________
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 DAVID
HORN V. CITY OF OAKLAND, CALIFORNIA DEPARTMENT OF
TRANSPORTATION AND DOES 1-20 INCLUSIVE, ALAMEDA COUNTY
SUPERIOR COURT CASE NO. 23CV031092, CITY ATTORNEY FILE NO. 35524, IN THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS
AND NO CENTS ($100,000.00) (DEPARTMENT OF TRANSPORTATION –
DANGEROUS CONDITION)
WHEREAS, Plaintiff David Horn (“Horn”) alleges that on April 26, 2022, Horn was riding a motorcycle down the Highway 24 offramp toward Miles Avenue in Oakland when the motorcycle hit a pothole at the bottom of the offramp, causing Horn to lose control, fall and skid; and
WHEREAS, Horn sued the City of Oakland and the California Department of Transportation alleging a claim for dangerous condition of public property; and WHEREAS, Horn alleges Horn suffered 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 that required surgical repair; and
WHEREAS, Horn claims Horn’smedical expenses are approximately $53,231; Horn also claims damages for pain and suffering; and
WHEREAS, Horn filed Alameda County Superior Court Case No. 23CV031092 against the City of Oakland and California Department of Transportation, and DOES 1-20, inclusive, seeking general and economic damages for injuries that Horn sustained; and ,
WHEREAS, the City has considered all the eviden ce, litigation costs and litigation risks in this case; and
WHEREAS, without admitting wrongdoing or liability, the City has determined to settle Horn’s claim against the City for the sum of One Hundred Thousand Dollars and No Cents ($100,000.00); California Department of Transportat ion 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 Thousand Dollars and No Cents ($175,000.00); now, therefore, be it
ED AS TO FORM AND LEGALITY
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________________________________________________________________ _
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CITY ATTORNEY’S OFFICE
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RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of David Horn v. City of Oakland, California Department of Transportation, and DOES 1-20, inclusive, Alameda County Superior Court Case No. 23CV031092, for the sum of One Hundred Thousand Dollars and No Cents, ($100,000.00); and be it
FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps may be necessary to effect said settlement,
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KAL B, 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
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