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 ANDREW
MARSHALL-BUSELT V . CITY OF OAKLAND AND DOES 1-50,
ALAMEDA COUNTY SUPERIOR COURT, CASE NO. 24CV088303, CITY ATTORNEY FILE NO. 37037, IN THE AMOUNT OF FIVE HUNDRED
TWELVE THOUSAND FIVE HUNDRE D DOLLARS AND ZERO CENTS
($512,500.00) (DEPARTMENT OF TRANSPORTATION – DANGEROUS
CONDITION)
WHEREAS, Plaintiff Andrew Marshall-Buselt alleges that on October 17, 2023, Marshall-Buselt was riding a bicycle on East 21
st Street when the bicycle hit a depression in the
road, causing Marshall-Buselt to fall; and
WHEREAS, Marshall-Buselt alleges that the depression was a dangerous condition of public property for which the City is liable; and
WHEREAS, Marshall-Buselt alleges suffering fa cial lacerations and nerve damage, fractures to the third, fourth, and fifth fingers on the left hand, and nerve damage to the hand, for which Marshall-Buselt seeks recovery of past and future medical expenses, lost wages, and general damages for pain and suffering; and
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 a nd directed to compromise and settle the case of Andrew Marshall-Buselt v. City of Oakland, et al. , Case No. 24CV088303, City Attorney File No. 36470, for the total sum of Five Hundred Twelve Thousand Five Hundred Dollars and Zero Cents ($512,500.00); and be it
FURTHER RESOLVED: that the City Attorney is auth orized and directed to take whatever steps that may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3461488v1
___
_____________________________________________ _____________________________ ______________ _
_
CIITYTYTYTTTTYTYTYTYTYTYTYTYTYTYTYTYTYTYTTTTTYTYTYYTTYTYTYTTYTYTYTYTYTYTYYTTYTYYTYYTTYTYTYTYTYTYTTYTYTTTTYTYTYYTTTTYYTYTYTTYTYTTTYTTTYTYTTTTTTYYTTTTTTTTTTTTTTTTTTT ATTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT OOORO NEY’S OFFICE