Farmers’Market Association, LA County added as defendantss
By Daily Press staff
SM COURTHOUSE — Two new entities have been added as defendants to 11 lawsuits levied by a Santa Monica firm on behalf of victims of the July 16, 2003 Farmers’ Market crash.
The Southland Farmers’ Market Association and the County of Los Angeles Agricultural Commissioner/Weights and Measures are being sued in addition to elderly driver Russell Weller, who killed 10 people and injured 63 others when he drove through the bustling Farmers’ Market last summer.
The Southland Farmers’ Market Association and the weights and measures department both had limited roles in the security of the Santa Monica market, lawyers said. But their degree of involvement won’t be known until the discovery phase of the civil suits are underway.
The lawsuits also target the city of Santa Monica and the Bayside District Corp., which helps manage downtown with City Hall.
Greene, Broillet, Panish & Wheeler, LLP filed two wrongful death lawsuits and nine complaints for damages in Santa Monica Superior Court on Tuesday. Santa Monica Judge Valerie Baker is overseeing all of the civil lawsuits stemming from the fatal market crash, which have gained momentum in recent weeks. Dozens of civil cases have already been filed against Weller, the city of Santa Monica and Bayside District Corp.
Judge Baker today is expected to rule that a 914-page report submitted by accident investigators be released to the public. Included in the report are details about the investigation, interviews with Weller, his wife and dozens of witnesses, as well as details about Weller’s health and driving record.
Until last week, Judge Baker has kept the report sealed to protect the ongoing criminal case against Weller, who faces 10 felony counts of vehicular manslaughter with gross negligence. He pleaded not guilty in January.
Judge Baker was set to release a heavily edited version of the report last week, but changed her mind after lawyers for the Los Angeles Times joined the court proceedings, arguing the entire report should be made public. Prosecutors and Weller’s defense attorneys have fought vigorously to keep the report sealed. They fear that if its details are widely publicized it will impair their ability to select an impartial jury, and, therefore, prevent Weller from having a fair trial.
The plaintiffs in the civil lawsuits filed on Tuesday are represented by Brian J. Panish, Timothy J. Wheeler and Geoffrey S. Wells.
Greene Broillet filed wrongful death claims on behalf of the estate of Leroy Lattier and the estate of Diana Gong McCarthy, both of whom were killed while shopping at the Farmers’ Market nearly a year ago. A wrongful death lawsuit on behalf of the estate of Kevin McCarthy will be filed later this week.
The firm also filed complaints for damages on behalf of Sandra Ellen Bacal, Sara Dobbins, Benny Gong, Holley Hankinson, Ilona Lettrich, Mark Miller, Anthony Portillo, Dina Richter and Olivia Wun, each of whom sustained serious injuries during the incident.
The Santa Monica Farmers’ Market is held twice a week on Arizona Avenue, between Second and Fourth streets, and is closed off to vehicles. The law firm alleges that because City Hall and Bayside sponsor the market, they are responsible for all aspects of conducting, regulating and maintaining safety.
Lawyers said City Hall and Bayside were targeted because they should have known the accident could occur and should have erected barriers to prevent Weller from entering the marketplace.
“The sawhorses that the city of Santa Monica used to block east and westbound traffic from entering Arizona Avenue between Second and Fourth Streets were flimsy and totally ineffective in preventing (Russell) Weller’s car from barreling down Arizona Avenue and leaving a path of misery in its wake,” Wells said. “Since the tragedy, the sawhorses have been replaced by parked vehicles which present an equally inadequate solution to a very foreseeable problem. If the city can install bollards in the interests of public safety along the Third Street Promenade, it should be able to take similar measures to protect the people who attend the weekly Santa Monica Farmers’ Market.”
Originally published in the Santa Monica Daily Press print edition on July 14, 2004. Read the original PDF.