OAKLAND — A $12 million lawsuit settlement is proposed for a motorcyclist severely injured last year when an Oakland police officer crashed into him after allegedly running a red light.
The massive settlement, expected to be approved by Oakland City Council Tuesday night, is one of the largest in city history. It surpasses the $10.9 million payout in 2003 to 119 victims who sued in the infamous Oakland Riders police scandal, in which a group of officers allegedly planted drugs and beat West Oakland residents.
Elliott Van Fleet, 35, was thrown from his motorcycle and suffered major injuries: vertebra, hip, pelvis and shoulder blade fractures, and amputation of his left leg below the knee.
A GoFundMe page indicated the March 25, 2017, crash happened two weeks before his wedding date.
According to a Alameda County court lawsuit filed June 6, 2017, Van Fleet was riding west on 19th Street at about 8 a.m. and had a green light at Broadway. Meanwhile, an unidentified Oakland police officer in a patrol SUV headed north on Broadway allegedly ran a red light and broadsided Van Fleet’s motorcycle.
It is unclear if the officer driving the SUV has been disciplined or if authorities found the officer violated police policy by running a red light. A police spokeswoman referred questions to city attorney spokesman Alex Katz, who declined to comment on personnel issues.
Medical records in the court file said Van Fleet’s total medical costs have exceeded $500,000. His attorney, Douglas Saeltzer, said additional surgeries and care are expected to cost at least $4 million.
Besides his physical injuries, Van Fleet suffers from post-traumatic stress disorder and anxiety, made worse when he sees an Oakland police car. Jennifer Van Fleet, in a deposition, said he was particularly upset after witnessing another Oakland police versus pedestrian crash.
“It just incites anxiety and when he gets anxious that triggers phantom pain,” Jennifer Van Fleet said in the deposition taken on March 1, 2018.
The case was scheduled to go to a civil jury trial beginning July 30. In closed session May 15, Oakland City Council voted 6-1-1, with Larry Reid absent and Desley Brooks abstaining to authorize the settlement amount. A second vote scheduled Tuesday night is needed for final approval of the payout.
The city’s insurance carrier is responsible for $9 million of the $12 million, Katz said.
A reporter with the East Bay Express tweeted a chart of the most expensive lawsuits since 2015:
Here's the top 20 most expensive lawsuits settled by the City of Oakland since January 1, 2015. #OakMtg pic.twitter.com/WXLVDgsnqp
— Darwin BondGraham (@DarwinBondGraha) June 19, 2018
