3436367v1
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 SETTLE THE CASE OF TY WHITEHEAD V. CITY OF
OAKLAND, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND
DOES 1 THROUGH 100, ALAMEDA COUNTY SUPERIOR COURT
CASE NO. RG18896233, CITY ATTORNEY FILE NO. 32322, BY
PAYMENT IN THE AMOUNT OF SEVEN MILLION DOLLARS AND NO
CENTS ($7,000,000.00) (DEPARTMENT OF TRANSPORTATION –
DANGEROUS CONDITION)
WHEREAS, Plaintiff Ty Whitehead alleges that he suffered a serious traumatic brain injury as a result of falling from his bicycle when it hit a pothole on Skyline Boulevard on March 25, 2017; and
WHEREAS, Whitehead filed the lawsuit entitled Ty Whitehead v. City of Oakland, County of Alameda, State of California, and Does 1 through 100 , Alameda County Superior Court Case No. RG18896233; and
WHEREAS, the City prevailed on its motion for summary judgment, which was affirmed by the California Court of Appeal, but later reversed by the California Supreme Court; and WHEREAS, the City has considered all the evidence, litigation costs, and litigation risks in this case; and
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 Ty Whitehead v. City of Oakland, County of Alameda, State of California, and Does 1 through 100 , Alameda County Superior Court Ca se No. RG18896233, for the sum of Seven Million Dollars and No Cents ($7,000,000.00); and be it FURTHER RESOLVED: That the City Attorney is 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, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
D AS TO FORM AND LEGALITY
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