Title
Subject: Karia Nitchmann
From: Office of the City Attorney
Recommendation: A Resolution authorizing and directing the City Attorney to compromise and settle the case of Karla Nitchmann v. City of Oakland, Alameda County Superior Court No. 837663-5, our file no. 21220, a motor vehicle collision case in the amount of $10,500.00 (Office of Public Works); Ms. Nitchmann suffered injuries to her neck, back, right hip and leg when her open car door was struck by a city dump truck on November 1, 2000
Body
CITY OF OAKLAND A 4
ONE FRANK H. OGAWA PLAZA * 6TH FLOOR a OAKLAND,CALIFORNIA 9 4 6 1 2
Office of the City Attorney (510) 238-3601
John A. Russo FAX: (510) 23M500
City Attorney TDD: (510) 839-6451
July 15, 2003
HONORABLE CITY COUNCIL
Oakland, California
Subject: Karla Nitchmann v. City of Oakland, et al.
Alameda County Superior Court No. 837663-5
Our File No. 21220
President De La Fuente and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and
recommends settlement of the above-entitled matter arising from a sidewalk trip and fall
which resulted in personal injuries to plaintiff, for a total sum of Ten Thousand Five
Hundred Dollars and No Cents ($10,500.00), to be made payable to Karla Nitchmann
and to Terry Buller, Esq., her attorney of record.
Plaintiff Karla Nitchmann alleged that she was injured in a collision between a
City dump truck and her parked car. On November 1, 2000, plaintiff had parked her car
on MacArthur Blvd., near the intersection of MacArthur and Brown Avenue. She
opened the car door and was getting out of the car when the dump truck struck her
open car door. She was thrown back into her car, hitting her hip on the steering wheel
and injuring her back.
The City truck was traveling westbound on MacArthur. The truck driver had just
changed lanes to proceed around a car waiting to make a left turn at the intersection,
when the collision occurred. The driver said that he did not see the plaintiff and was not
aware of her car until he heard the sound of the collision. The case settled through
arbitration and subsequent pre-trial settlement negotiations.
Respectfully submitted,
JOHN A. RUSSO
City Attorney Item 10. 7CC
Attorney Assigned: ORAICouncil
JULIA TEN EYCK 3uly 15. 2003
30842i
OAKLAND CITY COUNCIL
RESOLUTION No. C. M. S.
;: ' - . . :38
JI: Z
JTE
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF
KARLA NITCHMANN V. CITY OF OAKLAND, ALAMEDA COUNTY
SUPERIOR COURT NO. 837663-5, OUR FILE NO. 21220, A
MOTOR VEHICLE COLLISION CASE IN THE AMOUNT OF
$10,500.00 (OFFICE OF PUBLIC WORKS). MS. NITCHMANN
SUFFERED INJURIES TO HER NECK, BACK, RIGHT HIP AND
LEG WHEN HER OPEN CAR DOOR WAS STRUCK BY A CITY
DUMP TRUCK ON NOVEMBER 1, 2000.
WHEREAS, Ms. Nitchmann suffered injuries to her neck, back, right hip and leg
when her open car door was struck by a City dump truck on November 1, 2000, now,
therefore be it
RESOLVED: That the City Attorney is authorized and directed to compromise and
settle the case of Karla Nitchmann v. City of Oakland, City Attomey's File No. 21220, for a
sum not to exceed Ten Thousand Five Hundred Dollars and No Cents ($10,500.00)
made payable to Karia Nitchmann and Terry Buller, Esq. her attorney of record; and be it
FURTHER RESOLVED: That the City Attorney is further authorized and
directed to take whatever steps may be necessary to effect said settlement; and be it
FURTHER RESOLVED: That the sum of Ten Thousand Five Hundred Dollars
and No Cents ($10,500.00) be made payable to Karla Nitchmann and Terry Buller, Esq.
her attorney of record.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, BRUNNER, CHANG, DE LA FLIENTE, NADEL, REID, WAN, QLAN
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk
of the City of Oaklar Item to-Ica-_
308186 ORA/Council
July 15, 2003