By Kevin Herrera
Daily Press Staff Writer

SM COURTHOUSE — Attorneys representing victims of the deadly Farmer’s Market crash three years ago argued Tuesday that the non-profit organization which provides consulting services and other assistance to City Hall should be held liable for the accident even though it was not the host of the event.

The Southland Farmers’ Market Association should be forced to answer to charges of negligence because it promoted the weekly Wednesday market, cramming thousands onto a busy street, said Geraldine Weiss, an attorney for the plaintiffs, who have filed 36 lawsuits against Southland, City Hall, homeless services provider Step Up on Second and the Bayside District Corp., which helps City Hall manage downtown.

“Southland promoted, and in fact, initiated the Wednesday Farmer’s Market,” Weiss said. “The more customers the more they make. By advertising and inviting these people to this very busy street, (Southland) had the obligation to make sure they were protected.”

Southland, along with the other entities named in the lawsuit, filed a motion with Santa Monica Superior Court Judge Valerie Baker to be excused from the case. Judge Baker recently granted City Hall immunity, but denied requests by Step Up and Bayside because of uncertainty as to their role in operating the market.

City Hall was cleared because it had a properly-approved traffic management plan in place at the time of the accident, Judge Baker ruled. City Hall may still have to pay millions in damages because of its contractual relationship with Bayside. In the services agreement between City Hall and Bayside, elected officials agreed to pay all legal damages incurred by Bayside, City Attorney Marsha Moutrie said.

Attorneys for Southland said just because the organization promoted the market through advertisements does not mean it is responsible for providing security. That is the duty of the market’s sponsor, City Hall.

“This is a collective of farmers,” said attorney John Walker. “They have no expertise in traffic management. If asked (about traffic) they would tell (the sponsors) to talk to police or other experts. Yes, their duty was to bring people to the market, but that does not establish the duty of traffic control. That’s up to the city to make that decision.”

If anything, Walker said Southland may have made suggestions about parking arrangements, “but that’s far from traffic control.”

Often considered one of the most devastating vehicle crashes in the city’s history, George Russell Weller, now 89, apparently lost control of his car after he rear-ended a Mercedes Benz at the intersection of Fourth Street and Arizona Avenue, July 16, 2003.

Weller hit the accelerator instead of the brake and traveled 995 feet through the Farmers Market at speeds of up to 60 mph, hurling pedestrians into the air before stopping, a California Highway Patrol report said.

Ten people were killed including a 7-month-old baby and a 78-year-old. Weller has pleaded not guilty to 10 felony counts of vehicular manslaughter with gross negligence. His criminal trial is expected to begin in September.

In the civil case, Bayside and Step Up can expect to stand trial in January.

Judge Baker said Southland should know within a week whether or not it will join them.