to trial. The $275,000 was far lower than what Murphy originally wanted, which exceeded $1 million, Serritella said.
While Murphy makes plans to move to Hawaii with the remaining cash, homeless people continue to sleep near the utility poles on the beach, as well as under lifeguard towers and in the adjacent parking lots.
The fact that people set up camp in those public places, which the City of Santa Monica is responsible for, opens City Hall to substantial liability. If a case isn’t settled and reaches the courtroom, either a jury or a judge determines if the city is at fault.
Earlier this year, a Santa Monica judge dismissed a lawsuit levied by a homeless couple against City Hall after they were hit while they slept by a young woman learning how to drive in a beach parking lot. Santa Monica Superior Court Judge Jacqueline Connor said City Hall wasn’t responsible because the parking lot wasn’t inherently dangerous, despite that city officials knew homeless people slept there.
Skillin declined to answer questions about how Murphy became homeless and said he doesn’t know what Murphy will do once he’s in Hawaii. He added that he thinks the settlement is fair.
“It’s very clear cut,” he said. “There’s absolutely no set of circumstances that could justify what this driver did... He seems like a very nice guy that just made a mistake. It happens.
“Once all the parties... knew what his prognosis was — which was good, good or perfect — at that time, the city stepped up and we were able to resolve it.”
Originally published in the Santa Monica Daily Press print edition on October 1, 2003. Read the original PDF.