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 MADISYN
CLARK V. CITY OF OAKLAND AND DOES 1 through 100, ALAMEDA COUNTY SUPERIOR COURT CASE NO. 24CV071032, CITY ATTORNEY FILE NO. 36603, IN THE AMOUNT OF FIFTY-FIVE THOUSAND
DOLLARS AND ZERO CENTS ($55,000.00) (DEPARTMENT OF
TRANSPORTATION - DANGEROUS CONDITION OF PUBLIC
PROPERTY)
WHEREAS, Plaintiff Madisyn Clark alleges that on April 29, 2023, Clark fell off a motorized scooter while riding down Embarcadero West between Clay and Jefferson Streets and suffered injury; and
WHEREAS, Clark attributes the fall to a defect in the street and alleges that this defect was a dangerous condition of public property of which the City had constructive notice; and WHEREAS, Clark seeks damages for past and future medical expenses, lost wages, and pain and suffering; and
WHEREAS, Clark filed Superior Court of the State of California, County of Alameda, Case No. 24CV071032 against the City of Oakland alleging a claim for dangerous condition of public property; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
WHEREAS, the City admits no wrongdoing or liability; and WHEREAS, the parties and their legal counsel have negotiated a fair and reasonable settlement of these claims; now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Madisyn Clark v. City of Oakland and Does 1 through 100, Alameda County Superior _______________________________________________________ ____________________________________________________ CICICICICICICCCCCICICICICICICICICCCICCICIICIICICICICICCCCCIICIICICCCCICICICICICICCCICIICICICICCCCCICICCCCCICICIICICCIICICIICCCCIIICICICCCIIICCCIICICICCIIICCICCCCIICCICCCCICCICCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC TTY AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAATTTTTTTTTTTTTTTTTTTTTTTTTTTTT ORNEY’S OFFICE
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Court Case No. 24CV071032 for the sum of Fifty-Five Thousand Dollars and Zero Cents ($55,000.00); 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, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California