FILED
OFFICE OF THE CITY CLEM
OAKLAND
APPROVED AS TO FORM AND LEGALITY
22 MAR -3 PM V* 49
CITY ATTORNEY'S OFFICE
i
OAKLAND CITY COUNCIL
89074vRESOLUTION NO. C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CASE OF FRANK
K. BERFIELD V. FREDERICK WYNN; GREENWICH LOGISTICS, LLC, A DELAWARE CORPORATION, DBA 1-800 COURIER; 1-800 COURIER BROKERS, LLC, A DELAWARE CORPORATION; CITY OF
OAKLAND; AND DOES 1 THROUGH 100, ALAMEDA COUNTY
SUPERIOR COURT CASE NO. RG20063846, CITY ATTORNEY’S FILE NO. 33849, IN THE AMOUNT OF TWO HUNDRED THOUSAND
DOLLARS AND NO CENTS ($200,000.00) ARISING FROM A JUNE 30, 2019 AUTO ACCIDENT INVOLVING A MOTORCYCLIST AND A VAN
AT THE INTERSECTION OF GRASS VALLEY ROAD AND SUN
VALLEY DRIVE IN OAKLAND, CALIFORNIA (DEPARTMENT OF
TRANSPORTATION
PROPERTY)
DANGEROUS CONDITION OF PUBLIC
WHEREAS, a motorcycle driven by Plaintiff Frank Berfield collided with a van driven by Defendant Frederick Wynn on June 30, 2019 at the intersection of Grass Valley Road and Sun Valley Drive; and
WHEREAS, the accident occurred in an area where Grass Valley Road is lined by numerous eucalyptus trees; and
WHEREAS, Alameda County Superior Court Case No. RG200.63846 was filed against the City and others, alleging that the trees along Grass Valley Road interfered with the lines of sight of Frank Berfield and Frederick Wynn and constituted a dangerous condition of public property which was a substantial factor in causing the accident, and alleging that Plaintiff Berfield suffered personal injuries as a result of the accident, including a broken right ankle and a broken right forearm; and
WHEREAS, without admitting fault or wrongdoing, the City has determined to compromise Frank Berfield’s claim against it for the sum of Two Hundred Thousand Dollars and No Cents ($200,000.00); now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Frank Berfield v. City of Oakland, et al., Alameda County Superior Court Case No. RG20063846, City Attorney’s File No. 33849, for the sum of Two Hundred Thousand Dollars and No Cents ($200,000.00); 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, MAR 152022
PASSED BY THE FOLLOWING VOTE:
ANDAYES- FIFE, l KALB, KAPLAN, REID, TAYLOR,
PRESIDENT FORTUNATO BAS _ ^
NOES
ABSENT-/^
ABSTENTION-
0WmA - z. Sd ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3151126vl
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