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 HARRIET
NIXON V. CITY OF OAKLAND, AN D DOES 1-25, ALAMEDA COUNTY SUPERIOR COURT CASE NO 23CV025741, CITY ATTORNEY FILE NO. 35517 IN THE AMOUNT OF SEVEN HUNDRED EIGHTY-SEVEN
THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($787,500.00) (DEPARTMENT OF TRANSPORTATION -DANGEROUS CONDITION)
WHEREAS, Plaintiff Harriet Nixon (“Nixon”) alleges that on July 25, 2022, Nixon tripped and fell on a sidewalk uplift caused by a City tree while walking in front of/near 369 38 th
Street in Oakland; and
WHEREAS, Nixon sued the City of Oakland alleging a claim for dangerous condition of public property; and
WHEREAS, Nixon alleges Nixon suffered a broken arm and vision loss in Nixon’s left eye; and
WHEREAS, Nixon claims Nixon’s past medical expenses are approximately $5,000 and the City estimates future care expenses ar e over $600,000. Nixon also claims damages for pain and suffering; and
WHEREAS, Nixon filed Alameda County Superior Court Case No. 23CV025741 against the City of Oakland and DOES 1-25, seeking general and economic damages for injuries that Nixon sustained; and
WHEREAS, the City has considered all the evid ence, litigation costs and litigation risks in this case; and
WHEREAS, without admitting wrongdoing or liability, the City has determined to settle Nixon’s claim against the City for the sum of Seven Hundred Eighty -Seven Thousand Five Hundred Dollars and No Cents ($787,500.00); now, therefore, be it
ED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
2 RESOLVED: that the City Attorney is authorized and directed to compromise and settle the case of Harriet Nixon v. City of Oakland, and DOES 1-25 , Alameda County Superior Court Case No. 23CV025741, for the sum of Seven H undred Eighty-Seven Thousand Five Hundred Dollars and No Cents ($787,500); 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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