Nonprofit could be sued for allegedly failing to protect shoppers
DOWNTOWN — Lawyers from a top law firm announced Monday they might sue the nonprofit organization that runs downtown in an attempt to recover damages caused in the July 16 Farmers’ Market crash.
Bayside District Corp. will be named along with City Hall in nine claims for damages expected to be filed at City Hall on Wednesday, lawyers said. By law, a claim against a government entity must be made within six months of any alleged wrongdoing. That means victims have until Friday, Jan. 16 to file.
Though Bayside’s $1 million annual budget is largely fueled by City Hall, local attorney Geoff Wells said it was important to pursue both Bayside and City Hall because they have separate insurance policies.
“Our investigation has found out that (Bayside) had a services agreement with the city of Santa Monica that may have involved safety and security issues for the Farmers’ Market. And if that’s true, they may be on the hook for not taking the proper safety measures — in addition to the city,” said Wells, who works at Greene, Broillet, Panish & Wheeler, LLP, a law firm located at Ocean Avenue and Wilshire Boulevard.
Kathleen Rawson, executive “We’ve never been in this situation. It was just such a horrible, horrible tragedy and, unfortunately, this is one of the things that happens as a result. The agony just continues for everyone,” Rawson said.
Civil litigators maintain that the city should have foreseen the potential dangers of the crash, which left 10 dead and 63 injured after Russell Weller, 87, of Santa Monica, sped through the market in his 1992 Buick LeSabre. They suggested a barrier should have been erected that would have protected shoppers at the market from motorists.
To date, City Hall has received 37 claims related to the crash, said Deputy City Attorney Jeanette Schachtner, who is handling the claims related to the crash. Wednesday’s new filings will bring that total to 46, however no formal lawsuits have been served. City Hall officials maintain that they couldn’t have foreseen the potential dangers of the Farmers’ Market environment.
The criminal case against Weller also has moved forward. Weller pleaded not guilty last week to 10 counts of vehicular manslaughter with gross negligence, a felony. If convicted, he faces a sentence ranging from probation to 18 years behind bars. Michael Piuze, another well-known civil litigator planning to pursue City Hall for damages, has said the decision by the Los Angeles District Attorney’s Office to press charges may have been designed to protect the city of Santa Monica. If Weller is found grossly negligent in criminal court, that finding could be used to protect the assets of City Hall in civil court.
Wells and lawyer Brian Panish plan to hold a press conference in front of City Hall at 10 a.m. Wednesday. Speaking at the conference will be the two attorneys, an injured victim of the crash and family members of several of the deceased, according to a prepared statement.
In the meantime, local residents and officials are waiting to see how the tragedy will play itself out in court. City Councilman Herb Katz said he was disappointed with the civil claims.
“It’s a deep pocket run,” he said. “It has nothing to do with justice. It has to do with, ‘Gee golly, we got a deep pocket’ — that’s why they’re going after the city.”
Originally published in the Santa Monica Daily Press print edition on January 13, 2004. Read the original PDF.