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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 PHILIPP
AND NICOLAS PUTILOV V. CITY OF OAKLAND, ALAMEDA COUNTY
SUPERIOR COURT NO. 23CV034183, CITY ATTORNEY FILE NO. 35620,
FOR THE SUM OF TWO MILLION FOUR HUNDRED THOUSAND
DOLLARS AND NO CENTS ($2,400,000.00) (DEPARTMENT OF
TRANSPORTATION – DANGEROUS CONDITION)
WHEREAS, on June 16, 2022 an unidentified hit and run motorist of a Black Infinity traveling westbound on 14
th Street struck and killed Dmitry Putilov (“Putilov”) as Putilov crossed 14th Street at Jefferson Street on a bicycle in the crosswalk; and WHEREAS, Putilov’s children Philipp and Nicolas Putilov, ages 8 and 6 respectively, were traveling immediately behind Putilov on their bikes at the time of the accident; and WHEREAS, Philipp and Nicolas Putilov witnessed the accident but were not harmed physically;
WHEREAS, Philipp and Nicolas Putilov allege that the intersection of 14th Street and Jefferson Streets constituted a dangerous c ondition of public property under Government Code section 830, et seq. and was a substantial factor in causing the accident; and WHEREAS, Philipp and Nicolas Putilov seek economic and general damages for the death of their father and their own emotional distress; and
WHEREAS, by and through their guardian ad litem, Alena Putilov, Plaintiffs Philipp and Nicolas Putilov filed Philipp and Nicolas Putilov v. City of Oakland , Alameda County Superior Court Case No. 23CV034183; 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 WHEREAS, the parties and their legal counsel have negotiated a fair and reasonable settlement of these claims; now, therefore, be it
AS TO FORM AND LEGALITY
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CITY ATTORNEY’S OFFICE
3374827v1 2
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Philipp and Nicolas Putilov v. City of Oakland, Alameda County Superior Court Case No. 23CV034183, City Attorney File No. 35620 for the sum of Two Million Four Hundred Thousand Dollars, payable to Plaintiffs and their attorneys; and be it
FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps that may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KAL B, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California