> ## Content Index > Fetch the complete content index at: https://www.smdp.com/llms.txt > Use this file to discover other available public pages before exploring further. # City to discuss its liability in farmer’s market accident - URL: https://www.smdp.com/city-to-discuss-its-liability-in-farmers-market-accident/ - Published: 2003-07-30T15:00:00.000Z - Updated: 2026-10-23T02:39:42.000Z - Author: John Wood - Tags: Crime, Santa Monica, #archive-import *City braces for civil suits* City officials will hold a special meeting tonight to discuss possible lawsuits arising out of the July 16 farmer’s market crash. The meeting will be closed to the public. No claims have yet been filed against City Hall, said City Attorney Marsha Moutrie. But because the accident occurred on city property, lawyers on both sides of the case predict the city will be pursued in court. “We anticipate that somebody will file a claim against the city and we are preparing for that eventuality,” Deputy City Attorney Jeanette Schachtner said Tuesday. Schachtner said the specific content of the meeting, which will be held with the City Council, is sealed from the public. Anticipated litigation is usually discussed in closed session prior to the public portion of City Council meetings. Councilman Herb Katz said it’s very rare for the city to call a special meeting and it’s only done when something important needs immediate attention. “Every attorney in town is drooling at this opportunity,” Katz added. “They all go on contingencies and sue everybody.” An investigation into the crash, which left 10 dead and 79 injured, is ongoing. No criminal charges have been filed against Russell Weller, 86, of Santa Monica, who apparently lost control of his car before driving through the crowded farmer’s market. He told police he may have hit the gas pedal instead of the brake. City Council members said it’s too soon to say if the city will assume any responsibility for the crash. Councilman Bob Holbrook said the city has never dealt with anything like the July 16 tragedy. Moutrie said the city has never had a problem with safety in the 22-year history of the outdoor market, which is held on Arizona Avenue between Second and Fourth streets. She also said that erecting barriers to protect pedestrians from motorists at outdoor events is extremely uncommon. > “This is a thing where you look for deep pockets. You never know where these things are going to go.” — he said > “This is a whole different thing,” Nonetheless, Moutrie said the city is often pursued for recovery after car accidents because the city is responsible for the roadways. Santa Monica employs dozens of lawyers and has an entire department dedicated to investigating the average of 600 claims filed against the city each year. About 150 end up as lawsuits. On any given year, the city pays out between $1 million to $1.5 million in settlements. Santa Monica, along with other cities like Anaheim and Palo Alto, have pooled their resources together to purchase one large insurance policy, called the Joint Powers Authority fund. The risk sharing program includes 10 other California cities and is designed to protect municipalities against potentially huge losses. Any claim over $1 million is paid by the fund, with coverage up to $20 million. Local attorneys already have been retained by victims and their families. They are considering pursuing City Hall as well as General Motors, the manufacturer of Weller’s 1992 Buick LeSabre. Legal experts said pinning liability on those deeper-pocketed entities will be a crucial point in any pending lawsuit because the assets of Weller, a retired wholesale grocer, are not likely to cover the extent of the damages. In order to find the city liable, attorneys must prove that a “dangerous condition of public property” existed and that City Hall either knew or should have known about it. Robert Myers, the Santa Monica City Attorney from 1981 to 1992, said it is highly unlikely City Hall would be held accountable in court for the accident. He pointed to a civil lawsuit brought against the city in the late 1980s by a woman who lost her arms in a car accident after she drove through a red light. While the city had hoped to settle the lawsuit because it feared jurors would be sympathetic to the woman, the two sides failed to strike a deal. The jury ended up finding in favor of the city. While Myers said there is no parallel to the market crash, he suggested the city not settle any claim or lawsuit. “This was a tragedy,” he said. “People lost their lives. There should be a way for us as a society to provide some relief. But it’s not through lawsuits against the city of Santa Monica.” > “There should be a way for us as a society to provide some relief. But it’s not through lawsuits against the city of Santa Monica.” — — ROBERT MYERS Former City Attorney *Originally published in the Santa Monica Daily Press print edition on July 30, 2003.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/073003.pdf?ref=smdp.com)