APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING AND DI RECTING THE CITY ATTORNEY TO COMPROMISE AND SETTLE TH E CASE OF BERNITA TONEY V.
CITY OF OAKLAND, ET AL., ALA MEDA COUNTY SUPERIOR COURT CASE NO. RG19030985, CITY ATTO RNEY FILE NO. 33449-1, IN THE
AMOUNT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO
CENTS ($150,000.00). (DEPAR TMENT OF TRANSPORTATION –
DANGEROUS CONDITION OF PUBLIC PROPERTY)
WHEREAS, Plaintiff Bernita Toney alleges t hat on September 10, 2018, debris falling from the Beach Street overpass above Yerba Buena Avenue, Oakland, California fell and struck Plaintiff’s body; and
WHEREAS, Plaintiff, who was 54 years old at the time of the incident, suffered an alleged traumatic brain injury, a fractured finger , a shoulder injury, an d a loss of wages; and
WHEREAS, Plaintiff sued the City of Oakland in Bernita Toney v. City of Oakland, et al. , Alameda County Superior Court case no. RG19030985, City Attorney File No. 33449-1, asserting a dangerous condition of pub lic property claim against the City of Oakland; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in the case and determined to pay $150,000.00 to settle Plaintiff ’s claims, without admitting any wrongdoing or liability; now, therefore, be it RESOLVED: that the City Attorney is authorized and directed to compromise and settle Bernita Toney v. City of Oakland, et al. , Alameda County Superior Court case no.
RG19030985, City Attorney Fi le No. 33449-1, for the sum of $150.000.00, payable to Plaintiff Bernita Toney; and be it
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CITYYYYYYY ATTORNEY’SO
2 FURTHER RESOLVED: that the City Attorney is authorized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND
PRESIDENT PRO TEMPORE GALLO
NOES –
ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303) 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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