Victims relieved they didn’t have to testify
CITY HALL Victims of the deadly Farmers’ Market crash and their families will receive $21 million from City Hall as part of a settlement agreement approved by the City Council late Tuesday night, bringing to an end a nearly five-year court battle involving more than 70 plaintiffs.
The settlement payment and attorney fees will be covered by City Hall’s insurance policy. In return for the settlement payment, all of the plaintiffs will dismiss their claims against both City Hall and the Bayside District Corp., which was separately named as a defendant for its role as an advisory board to the council on issues relating to Downtown Santa Monica and the Third Street Promenade.
The settlement came amid the jury selection process for the trial involving a group of plaintiffs who did not take part in earlier settlement discussions. The wrongful death and personal injury suit alleged negligence on behalf of City Hall, Bayside District and George Russell Weller, who drove his 1992 Buick LeSabre through more than 800 feet of Arizona Avenue on July 16, 2003, killing 10 and injuring dozens more.
The death toll from the 20-second drive was the largest number of pedestrian fatalities from a traffic accident in California history, according to the California Highway Patrol.
City Hall was initially removed from the civil case, a Santa Monica judge granting it design immunity. However that ruling was overturned on appeal after attorneys for the plaintiffs argued that a jury should decide whether or not a traffic management plan presented in court was the one approved by City Hall’s lead traffic engineer or merely a sketch drawn up by the manager of the market, Laura Avery.
Geoff Wells, an attorney for the plaintiffs, said his clients felt a sense of relief after learning of the settlement agreement and are looking forward to moving on with their lives.
“When somebody dies like this,where there is a tragedy in your family, there is no real sense of satisfaction, just relief that this chapter is over and they didn’t have to testify in court,”Wells said.
Among the plaintiffs was Janet Nabatian, who along with her family members will share $5 million of the settlement. Nabatian’s 63-year-old mother and 7-month-old son were struck and killed by Weller’s car moments after Nabatian walked away from them to get better cell phone reception. The family of Esther Hoffman agreed to settle for $1 million. Her husband, Movsha Hoffman, also died when hit by Weller’s car.
A third plaintiff, Parvaneh Davood, was hit by Weller and was dragged underneath his vehicle, acting as a “human brake,” said her attorney, Geraldine Weiss.
“Our clients now want to take time to heal from this tragic, tragic incident,”Weiss said.
Southland Farmers’ Market Association, which represents farmers and promotes markets across California, was named as a defendant in the civil case but was later removed by a Santa Monica judge. Step Up on Second, a mental health provider whose clients helped set up the Wednesday market on Arizona, were also named and settled with the victims in October 2006 for $5 million.
Weller’s auto insurance policy provided $500,000 for the victims and their families, Wells said.
Deputy City Attorney Jeanette Schactner said the settlement was in the best interest of Santa Monica, even though City Hall believes it is not liable.
“Considering the unique circumstances of this case, including the horrific loss and injuries,this is a good result for all concerned,”Schactner said. “The city believes that it has no liability. But, in a case this big, trial results are difficult to predict. The settlement eliminates the risks and difficulties of the trial and allows the victims,their families,and the city to put this tragedy behind them and move forward.”
Weller, now 91, was found guilt in October 2006 of 10 counts of vehicular manslaughter with gross negligence and sentenced to five years probation. During the four-week trial, Weller, a Santa Monica resident, appeared in court only once and did not testify on his behalf.
Prosecutors argued Weller acted recklessly and failed to use all means at his disposal to direct his sedan away from the market, instead sending it on a deadly collision course.
Defense attorneys claim Weller suffered from “pedal error,” and mistakenly drove into the market, the impact of collisions causing his air bag to deploy, preventing him from gaining control of his car. Weller’s attorneys are appealing his conviction.
While the victims and their families are relieved by the settlement, they contend much work still needs to be done to prevent similar tragedies elsewhere. Wells said his clients hope that something positive can come out of the crash, that being increased awareness about the need to protect public safety.
“With the growth of popularity of open-air markets and outdoor dining across America, it is important that our communities take note of the Santa Monica farmers’market tragedy and take steps to protect the public’s safety,”Wells said.
Wells said sawhorses were the only barriers in place to block off the street on the day of the tragedy. The market operators now use vehicles instead, but that type of blockade creates the danger of the fuel exploding if they are struck, Wells said.
The attorney said the city has a number of better options, including using portable concrete barriers similar to what are used as dividers on roadways.
Weiss agreed. “It’s time for cities to recognize when the public is gathering en masse they need protection,”Weiss said.“Don’t let this happen again. Cities wake up.”
Originally published in the Santa Monica Daily Press print edition on May 22, 2008. Read the original PDF.