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# City settles suit with injured guard
- URL: https://www.smdp.com/city-settles-suit-with-injured-guard/
- Published: 2005-03-21T16:00:00.000Z
- Updated: 2026-10-23T06:20:06.000Z
- Author: Ryan Hyatt
- Tags: Business, Santa Monica, #archive-import

*Most suits against city involve auto accidents*

CITY HALL — A security guard struck by a city-owned vehicle while chasing down a shoplifter is finally getting a little financial security for himself.

The Santa Monica City Council agreed at its March 8 meeting to settle Julio Montoro’s case against City Hall for $55,000.

Montoro — described by those involved in his case as a hard-working man in his 60s and long-time security guard at the Vons Food and Drug Store on the northeast corner of Broadway and Seventh Street — was one of two employees in 2003 who chased down a thief that took a bottle of liquor from the store without paying.

The Vons’ store manager successfully ran across Seventh Street in pursuit of the thief. Montoro followed, however, and was struck by a city parking scooter heading southbound. Montoro was later taken to the hospital.

Carol Rohr, the city attorney assigned to the case, said Montoro claimed to have lost consciousness briefly during the accident. Rohr said Montoro complained of having accident-related bruises and bumps to the head, but his most serious injury was to his knee, which she said had never troubled him before.

The $55,000 settlement, including Montoro’s $27,000 in medical expenses, is money needed to recoup the state worker’s compensation fund, used while Montoro was recovering, and his attorney fees.

“We probably could have won at trial,” Rohr said. “Just because someone stole a bottle of booze doesn’t mean you need to cross the street and chase him down to get it.”

Rohr said the city believed the city driver, who she did not identify, was not fully responsible for the accident since he had the right-of-way. Rohr said Montoro’s attorney, Reza Mirroknian, would have argued that the driver clearly would have had the opportunity to stop and avoid the collision, especially since the store manager had already passed through the street without being struck.

Mirroknian said he agreed the case was not clear cut, and he was willing to accept Santa Monica’s offer.

“You never get everything you want out of a settlement,” Mirroknian said. “It’s definitely a compromise, but there is always considerable risk and expense going to trial.

“Most cases, these days, are settled out of court.” Of the lawsuits pending against the city, the majority involve bus and auto accidents where plaintiffs seek a financial pay-out.

In 2003, there were only about a dozen lawsuits over $15,000 that the city council actually settled. Anything under that amount is approved without council consent by the city attorney’s office and the risk management department, which handles claims against Santa Monica.

Rohr acknowledged that Montoro returned to work quickly after the accident, making his case all the more favorable.

“He seemed to be a hard-working man, someone who would have made a good witness,” Rohr said.

*Originally published in the Santa Monica Daily Press print edition on March 21, 2005.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/032105.pdf?ref=smdp.com)