City Hall braces for appeal
SM COURTHOUSE — A Santa Monica Superior Court judge ruled late Monday that City Hall cannot be held liable in civil lawsuits levied by more than 60 plaintiffs who were either injured or killed when an elderly man lost control of his car and drove through a crowded Farmer’s Market nearly three years ago.
In a 19-page ruling that took more than three weeks to draft, Judge Valerie Baker found City Hall was cleared of any wrongdoing because it had established and executed a traffic control plan that was approved by a licensed traffic engineer.
Known as design immunity, municipalities are protected if the design of an intersection, or in this case, a traffic management plan, meets conditions established by law. In this case, Judge Baker ruled that the way in which streets were closed and traffic redirected during the Farmer’s Market was acceptable.
City Hall may still have to pay millions in damages because of its relationship with Bayside District Corp., which filed a motion to be removed from the case. Judge Baker denied late last month denied that motion, along with another by homeless service provider Step Up On Second, which provided traffic control for the Farmer’s Market.
In the services agreement between City Hall and Bayside, a nonprofit organization that helps manage downtown, elected officials agreed to pay all legal damages incurred by Bayside, City Attorney Marsha Moutrie said.
Nevertheless, city officials were pleased with Judge Baker’s ruling, which was characterized as “very thoughtful,” “intelligent,” and “carefully considered.”
“I never believed the city was liable for this tragic accident,” said Councilman Richard Bloom, who was mayor when the accident occurred.“I think we have to accept this as positive news and reflects our beliefs about the case … but celebration is one word that does not cross my mind. This was a tragic accident and one that I think the community is still struggling with emotionally.”
Moutrie said the ruling was especially gratifying because it protects a municipality’s right to host public events on city streets, such as parades, block parties or farmer’s markets.
“If design immunity didn’t shield us from this case, we couldn’t imagine how any city in California can have any event in the street,” Moutrie said.
City officials expect Judge Baker’s ruling to be appealed.
Attorneys representing the plaintiffs could not be reached for comment.
Often considered one of the most devastating traffic accident in the city’s history, George Russell Weller, now 89, apparently lost control of his car after he rear-ended a Mercedes Benz at the intersection of Fourth Street and Arizona Avenue, July 16, 2003.
Weller hit the accelerator instead of the brake and traveled 995 feet through the Farmer’s Market at speeds of up to 60 mph, hurling pedestrians into the air before stopping, a California Highway Patrol report said.
Ten people were killed including a 7-month-old baby and a 78-year-old. Weller has pleaded not guilty to 10 felony counts of vehicular manslaughter with gross negligence. His criminal trial is expected to begin in September.
Bayside and homeless services provider Step Up can expect to stand trial in January.
Originally published in the Santa Monica Daily Press print edition on July 4, 2006. Read the original PDF.