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 TODD
ROSS, CECILIA BROOK, TODD KANE-ROSS, JR., BY AND THROUGH
HIS GUARDIAN AD LITEM CHYNA KANE-ROSS, TANIA SANCHEZ-
MARTINEZ, BY AND THROUGH HER GUARDIAN AD LITEM
REBECCA MARTINEZ, KARINA SANCHEZ-MARTINEZ, BY AND
THROUGH HER GUARDIAN AD LITEM REBECCA MARTINEZ,
CAMERON KANE-ROSS, BY AND THROUGH HIS GUARDIAN AD
LITEM CHYNA KANE-ROSS, SKYLAR KANE-ROSS, BY AND
THROUGH HER GUARDIAN AD LITEM CHYNA KANE-ROSS V. CITY
OF OAKLAND, GORDON GULLETT, AND DOES 1 TO 10, ALAMEDA
COUNTY SUPERIOR COURT CASE NO. HG20053846, CITY ATTORNEY FILE NO. 33718, IN THE SUM OF FIVE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($550,000.00), PAYABLE TO THE “LAW OFFICES OF BRIAN L. LARSEN IN TRUST FOR TODD ROSS, ET AL.” (OAKLAND FIRE DEPARTMENT – MOTOR VEHICLE ACCIDENT)
WHEREAS, Plaintiffs allege that on April 21, 2019, a fire engine driven by on-duty Oakland Fire Department Engineer Gordon Gullett II collided with their vehicle at the intersection of Aileen Street and Lowell Street in Oakland; and WHEREAS, Plaintiffs cumulatively claim a variety of injuries including concussion, wrist, neck, shoulder, and back pain, ongoing post-concussion syndrome including post- traumatic headaches, cognitive impairment, posttraumatic anxiety, and depression, and emotional distress for which they incurred medical bills and face the possibility of future medical expenses as a result of the accident; and
WHEREAS, Plaintiffs filed a lawsuit in the Superior Court of the State of California, County of Alameda, Case No. HG20053846, alleging motor vehicle negligence against the OFD engineer and vicarious liability against the City; and
WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
WHEREAS, the City admits no wrongdoing, fault or liability; and SOO G
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2 WHEREAS, the parties and their legal counsel have 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 Todd Ross, et al. v. City of Oakland, et al., Alameda County Superior Court Case No.
HG20053846, for the sum of Five Hundred Fifty Thousand Dollars and Zero Cents ($550,000.00); 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 - BROWN, FIFE, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND
PRESIDENT PRO TEMPORE GALLO
NOES –
ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303) ABSTENTION –
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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