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 TYLER
PHAL BY AND THROUGH HIS GUARDIAN AD LITEM, ROEUTH PHAL
V. CITY OF OAKLAND, LIU WEILIN, AND DOES 1-100, ALAMEDA COUNTY SUPERIOR COURT CASE NO. RG21115007, CITY ATTORNEY FILE NO. 34586, IN THE AMOUNT OF TWO MILLION, NINE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($2,950,000.00)
(DEPARTMENT OF TRANSPORTATION – DANGEROUS CONDITION)
WHEREAS, Plaintiff Tyler Phal (“Phal”) alleges that at approximately 6:30 p.m. on January 19, 2021, Phal was walking northbound in a crosswalk across eastbound Bancroft Avenue at the intersection with 100th Avenue; and
WHEREAS, Defendant Liu Weilin (“Weilin”) was driving a vehicle eastbound on Bancroft Avenue when Liu’s vehicle struck Phal as Phal was walking in the crosswalk; and WHEREAS, Phal alleges that sightlines for Ph al and Liu were inadequate at the intersection; and
WHEREAS, Phal alleges that doctors diagnosed Phal with severe brain injuries, multiple skull fractures, and multiple closed fractures of the pelvis and hip; and WHEREAS, Phal underwent craniectomy surgeries and hip surgery;a n d WHEREAS, Phal alleges that Phal was diagnosed with major neurocognitive disorder and moderate intellectual disability resulting in lifelong cognitive deficits requiring lifelong care;a n d WHEREAS, Phal filed Alameda County Superior Case No. RG21115007 against Liu, alleging a claim for negligence, and against the City of Oakland, alleging a claim for dangerous condition; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
WHEREAS, the City has determined that it is in the City ’s best interest to settle this lawsuit without admitting liability or wrongdoing and to avoid further litigation; and
ED AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
2 WHEREAS, the parties and their legal counsel ha ve negotiated a fair and reasonable settlement of these claims; now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Tyler Phal by and through his Guardian Ad Litem, Roeuth Phal v. City of Oakland, Liu Weilin, and DOES 1-100, Alameda County Superior Court Case No. RG21115007, City Attorney File No. 34586, for the sum of Two Million, Nine Hundred Fifty Thousand Dollars and Zero Cents ($2,950,000.00); 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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