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 CASES OF TOM O’NEILL AND
MABEL PAIGE V. CITY OF OAKLAND, A MUNICIPAL CORPORATION, NAKIAH M. WARD, DOES 1 TO 50, ALAMEDA COUNTY SUPERIOR
COURT CASE NOS. 23CV035142, 23CV035146, CITY ATTORNEY FILE NOS. 35480, 35480-1, IN THE SUM OF ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($100,000.00) (DEPARTMENT OF
TRANSPORTATION – DANGEROUS CONDITION OF PUBLIC
PROPERTY)
WHEREAS, on March 30, 2022, at the intersection of High Street and Wattling Street, a vehicle struck Plaintiffs Tom O’Neill (“O’Neill”) and Mabel Paige (“Paige”) as they walked across High Street in a marked crosswalk; and
WHEREAS, O’Neill suffered broken legs, a fractured knee, and a broken pelvis; and WHEREAS, Paige suffered a broken knee, a broken shoulder, and the loss of several teeth; and
WHEREAS, O’Neill filed a lawsuit against the City and others in the Superior Court of the State of California, County of Alameda, Case No. 23CV035142, alleging the intersection was a dangerous condition of public property at the time of the accident; and WHEREAS, Paige filed a lawsuit against the City and others in the Superior Court of the State of California, County of Alameda, Case No. 23CV035146, alleging the intersection was a dangerous condition of public property at the time of the accident; and WHEREAS, the court ordered that O’Neill’s lawsuit and Paige’s lawsuit be consolidated for all purposes in the Superior Court of the State of California, County of Alameda, Case No. 23CV035142; and
WHEREAS, O’Neill and Paige’s employer, the Oakland Unified School District (“OUSD”), filed a complaint in intervention in Case No. 23CV035142 asserting a right to reimbursement for expenses it previously paid in the form of workers’ compensation benefits; and _________________
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2 WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case, and has determined, without admitting fault or liability, that settlement of the lawsuit is in the best interest of the City; now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the cases of Tom O’Neill and Mabel Paige v. City of Oakland, et al. , Alameda County Superior Court Case Nos. 23CV035142, 23CV035146, for the total sum of One Hundred Thousand Dollars and Zero Cents ($100,000.00); and be it
FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps as may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES – BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG,
PRESIDENT JENKINS
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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