APPROVED AS TO FORM AND LEGALITY
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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 TROY ALLEN
RUSSELL, ET AL. V. KATHLEEN ANN ZITANI, ET AL., ALAMEDA COUNTY SUPERIOR COURT CASE NO. RG18916045, CITY ATTORNEY FILE NO. 32626, IN THE AMOUNT OF SIX MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($6,250,000.00).
(DEPARTMENT OF TRANSPORTATION – DANGEROUS CONDITION
OF PUBLIC PROPERTY)
WHEREAS, Plaintiffs Troy Allen Russell and Eugenia Maria Russell allege that on September 28, 2017, Co-Defendant Kathleen Ann Zitani’s car struck Plaintiff Troy Allen Russell (“Russell”) as Russell walked across the street in the crosswalk at 40 th Street and Opal Street,
Oakland; and
WHEREAS, Russell allegedly suffered a fract ured skull and life-threatening brain injury, and a significant loss of executive function and memory loss. Russell’s wife, Eugenia Maria Russell, alleges loss of consortium; and
WHEREAS, Plaintiffs sued the City of Oakland, in Troy Allen Russell and Eugenia Maria Russell v. Kathleen Ann Zitani, City of Oakland, et al. , Alameda County Superior Court case no. RG18916045, City Attorney File No. 32626, alleging a claim for dangerous condition of public property; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in the case; and
WHEREAS, t
he City admits no wrongdoing or liability; and
WHEREAS, although the total settlement am ount is $6,250,000.00, the City will be reimbursed $3,250,000.00 by its insurance risk-shari ng pool, along with its defense costs, resulting in a net payment by the City of approximately $3,000,000.00; now, therefore, be it
ED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
2 RESOLVED: That the City Attorney is authorized and directed to compromise and settle Troy Allen Russell and Eugenia Maria Russell v. Kathleen Ann Zitani, City of Oakland, et al., Alameda County Superior Court case no. RG18916045, City Attorney File No. 32626, for the sum of six million, two-hundred fifty dolla rs and zero cents ($6,250,000.00), payable to Plaintiffs and their attorneys; and be it
FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KA LB, 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
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