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CITY OF OAKLAND
ONE F R A N K H. O G A W A P L A Z A • 6 TH F L O O R • O A K L A N D , C A L I F O R N I A 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
December 5, 2023
HONORABLE CITY COUNCIL
Oakland, California
Subject: Bruno Vanschoote v. City of Oakland, County of Alameda, State of California, and Does 1-100
Alameda County Superior Court Case No. HG21090534
City Attorney File No. 34313
(Department of Transportation – Dangerous Condition)
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above -entitled lawsuit for the sum of Six Million Five Hundred Thousand Dollars and Zero Cents ($6,500,000.00), payable to Bruno VanSchoote (“VanSchoote”) through the Veen Firm.
Plaintiff Bruno 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.
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. VanSchoote seeks damages for past and future medical expenses and pain and suffering. The approved settlement resolves all claims with VanSchoote in this matter . The City has determined that settlement in the amount of $6,500,000, without admitting liability and to avoid further litigation, is in the City’s best interest.
The City Council authorized settlement of this case in Closed Session on Thursday November 2, 2023 (moved by Council President Nikki Fortunato Bas and seconded by Councilmember Treva Reid - 6 Ayes, 2 Excused – Councilmembers Carroll Fife and Janani Ramachandran).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney
Courtney O’Brien