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Subject: Cesceli Harvey - Settlement Case
From: Office of the City Attorney
Recommendation: Adopt a Resolution authorizing and directing the City Attorney to compromise and settle the case of Cesceli Harvey v. City of Oakland, Alameda County Superior Court No. 842976-0, our file no. 20641, a dangerous condition case in the amount of $12,000.00 (Office of Public Works); Ms. Harvey suffered injuries to her back and hop on July 11, 2000 when she fell on the sidewalk on San Pablo Avenue
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CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA 6TH FLOOR OAKLAND,CALIFORN4 9*6 1 2
Office of the City Attorney (510) 238-3qM
John A. Russo FAX: (510) 238-65
City Attorney TDD: (5 IO) 839-64511'
July 15, 2003
HONORABLE CITY COUNCIL
Oakland, California
Subject: Cescell Harvey v. City of Oakland, et al.
Alameda County Superior Court No. 842976-0
Our File No. 20641
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 Twelve Thousand
Dollars and No Cents ($12,000.00), to be made payable to Cesceli Harvey and to
Michael Cohen, Esq., her afforney of record.
Plaintiff Cesceli Harvey alleged a dangerous condition of the sidewalk at 6035
San Pablo Avenue. On July 11, 2000, she tripped and fell on the sidewalk, injuring her
right hip and back. Her medical expenses, past and future, totaled $1,667; her alleged
wage loss, as a hair stylist was $9,553.
According to co-defendant Breckenridge's Auto Repair, the owner, Leon
Breckenridge had previously contacted the City of Oakland on more than one occasion
to complain about the condition of the sidewalk. The plaintiff also sent lefters to the City
on at least four occasions to complain about the alleged dangerous condition. City
records do not show any co...
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