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 ARJUNA TWOMBLY V.
CITY OF OAKLAND, AND DOES 1 THROUGH 50, ALAMEDA COUNTY
SUPERIOR COURT CASE NO. 24CV0602 64, CITY ATTORNEY FILE NO. 36093, BY PAYMENT IN THE AMOUNT OF FORTY THOUSAND DOLLARS AND NO CENTS ($40,000.00) (DEPARTMENT OF TRANSPORTATION –
DANGEROUS CONDITION)
WHEREAS, Plaintiff Arjuna Twombly alleges that on the evening of October 22, 2022, while riding a bicycle in the bicycle lane on Adeline Street at West Grand Ave., Twombly rode into a downed traffic-signal light that had fallen into th e lane, causing Twombly to fall off of the bicycle and fracture the left elbow; and
WHEREAS, Twombly seeks damages for medical expenses and pain and suffering; and WHEREAS, Twombly filed a lawsuit against the City of Oakland in Arjuna Twombly v. City of Oakland, Alameda County Superior Court Case No. 24CV060264, City Attorney File No. 36093, asserting the City of Oakland is liable for a dangerous condition of public property under Government Code section 835, et seq.; and
WHEREAS: the City has considered all the evidence, litigation costs, and litigation risks in the case and determined to pay $40,000.00 to settle Twombly’s claims, without admitting any wrongdoing or liability; now, therefore, be it
RESOLVED: that the City Attorney is authorized a nd directed to compromise and settle Arjuna Twombly v. City of Oakland , Alameda County Superior Court case no. 24CV060264, City Attorney File No. 36093, for the sum of $40,000.00, payable to Plaintiff Arjuna Twombly; and be it; 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, GALLO, RAMACHANDRAN, UNGER, WANG, FIFE, HOUSTON, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the City
of Oakland, California
3448088v1 / MBB
D AS TO FORM AND LEGALIT
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