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 BRUNO
VANSCHOOTE V. CITY OF OAKLAND, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA, A ND DOES 1 -100, ALAMEDA COUNTY
SUPERIOR COURT CASE NO. HG21090534, CITY ATTORNEY FILE
NO. 34 313, IN THE AMOUNT OF SIX MILLION FIVE HUNDRED
THOUSAND DOLLARS AND ZERO CENTS ($6 ,500,000.00)
(DEPARTMENT OF TRANSPORTATION - DANGEROUS CONDITION
OF PUBLIC PROPERTY)
WHEREAS, Plaintiff Bruno VanSchoote (“VanSchoote”) alleges that on April 18, 2020, they fell off a bicycle while riding down MacArthur Boulevard just past Lake Park Avenue.
VanSchoote suffered a spinal cord injury, fractured several cervical vertebrae and facial bones, and suffered a mild traumatic brain injury; and
WHEREAS, VanSchoote attributes the fall to a road defect in the street and alleges that this defect was a dangerous condition of public property and that the City had notice of it; and
WHEREAS, VanSchoote seeks damages for past and future medical expenses and pain and suffering; and
WHEREAS, VanSchoote filed Superior Court of the State of California, County of Alameda, Case No. HG21090534 against the City of Oakland and others, alleging a claim against the City 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
3317253v1
2 RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Bruno VanSchoote v. City of Oakland, County of Alameda, State of California, and Does 1 -100, Alameda County Superior Court Case No. HG21090534, for the sum of Six Million Five Hundred Thousand Dollars and Zero Cents ($6,500,000.00); 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 - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California