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 AN D SETTLE THE CASE OF ANNA
GOLDMACHER V. CITY OF OAKLAN D AND DOES 1-50, ALAMEDA
COUNTY SUPERIOR COURT CASE NO 23CV039959, CITY ATTORNEY FILE NO. 35927, IN THE AMOUNT OF THREE HUNDRED THOUSAND DOLLARS AND NO CENTS ($300,000.00) (DEPARTMENT OF
TRANSPORTATION - DANGEROUS CONDITION)
WHEREAS, Plaintiff Anna Goldmacher alleges that on October 8, 2022, Goldmacher tripped and fell on a sidewalk uplift on Lakeshore Avenue approaching the intersection with Prince Street. Goldmacher alleges the sidewalk uplif t was caused by the roots of an official City tree.
Goldmacher alleges that the uplift was a dangerous condition of public property; and WHEREAS, Goldmacher claims personal injuries related to the fall including a broken wrist that required two surgeries, a torn s houlder tendon, seven broken ribs and carpal tunnel syndrome; and
WHEREAS, Goldmacher filed a lawsuit against the City of Oakland and DOES 1-50, Alameda County Superior Court Case No. 23 CV039959, alleging the uplift was a dangerous condition of public property, and seeking general and economic damages; 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 Goldmacher’s claim against the City for the sum of Three Hundred Thousand Dollars and No Cents ($300,000.00); now, therefore, be it
RESOLVED: that the City Attorney is authorized and directed to compromise and settle the case of Anna Goldmacher v. City of Oakland and DOES 1-50, Alameda County Superior Court Case No. 23CV039959, for the sum of Thre e Hundred Thousand Dollars and No Cents ($300,000.00); and be it
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2 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 - 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 –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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