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# Struck student settles her case against city
- URL: https://www.smdp.com/struck-student-settles-her-case-against-city/
- Published: 2006-05-19T15:00:00.000Z
- Updated: 2026-10-23T17:57:26.000Z
- Author: Kevin Herrera
- Tags: Education, Ocean Park, #archive-import

*City makes ‘case go away’*

CITY HALL A settlement has been reached in a lawsuit filed against the city by a former middle school student who was struck by a car as she walked through the intersection at 16th Street and Ocean Park Boulevard.

Under the terms of the settlement, Deputy City Attorney Lance Gams said City Hall will be required to pay $2,500 to Adele Lhrar, who was a 13-year-old student at John Adams Middle School at the time of the accident. The driver responsible, Nina Forgo, has agreed to pay $200,000 to cover medical expenses, Gams said.

A notice of the settlement was filed with the Los Angeles Superior Court on May 15, according to court records.

Gams said a motion to have City Hall removed from the lawsuit was filed and was expected to be heard June 23\. While confident City Hall would be removed, Gams said “just in case it wasn’t, and with trial costs and experts costs to be expanded in the near future, we decided to pay a very small sum just to make the case go away.”

According to Gams, $2,500 wouldn’t have covered the cost of one expert witness, let alone other costs associated with going to trial. Gams also said that with the driver agreeing to settle, City Hall would have been the only party remaining in the lawsuit and, therefore, would have to bear the burden of hiring expert witnesses and conducting depositions.

The accident occurred Dec. 2, 2004, at about 4:15 p.m., as Lhrar stepped into the intersection, according to a police report. Forgo was driving westbound on Ocean Park Boulevard at about 30 miles per hour when she failed to see Lhrar in the intersection,striking her with full force before slamming on her breaks and pulling over to the side of the road.

Immediately after the accident, Lhrar was transported to UCLA-Westwood, where she was treated for her injuries.

Lhrar suffered injuries to her hip, back, left knee and lower leg, including a fractured left tibia and fibia. She also suffered from a lower lung contusion. In a statement given to attorneys, Lhrar said she still suffers from lower back pain, stiffness in her left elbow and knee, and may walk with a limp for the rest of her life.

Forgo sustained no injuries. Her car, a 2000 Lexus, sustained minor damages, including a broken windshield, estimated at $2,432, according to court documents.

A police report said Forgo was not under the influence of alcohol or drugs at the time of the accident. The roadway was dry and there was nothing blocking her vision. Forgo claims she was blinded by the sun and couldn’t see Lhrar.

Robert Armstrong, an attorney representing Forgo, could not be reached for comment.

Lhrar originally sued the city of Santa Monica, Forgo and the Santa Monica-Malibu Unified School District. A judge ruled in favor of the school district, which was dismissed from the lawsuit because the accident occurred off school property and well after John Adams Middle School was closed. Lhrar said she had to stay late after school the day of the accident to speak with a teacher.

There were no crossing guards at that location, said Jeffrey Walton, crossing guard supervisor with the Santa Monica Police Department. Even if there was a guard posted, their shifts end at 3:30 p.m., which is before the time of the accident.

Gams said City Hall was seeking a design immunity, which protects City Hall from litigation in accidents such as this only if the intersection involved was designed and constructed following proper guidelines.

Just three months before the accident, the intersection received several upgrades, including in-pavement flashing lights and flashing warning signs, both activated by pedestrians via a button on the street pole.

Lhrar said she distinctly remembers pushing the button and seeing the yellow lights flash, according to court documents.

Ron Torem, the attorney representing Lhrar and her guardian, said the settlement was “good,” but he still feels City Hall should take steps to make the intersection safer.

“I think this is a tragedy because this ruling does nothing to force the city of Santa Monica to do something about this intersection,” Torem said. “I think this crosswalk gives a false sense of security to pedestrians because, regardless of the lights flashing or not, drivers still have a hard time seeing.”

City Hall is planning to make changes to the dangerous stretch of Ocean Park Boulevard, including the intersection where Lhrar was struck. (See related story, page 1).

Torem said he couldn’t confirm the terms of the settlement because it hasn’t been finalized and his client is still a minor.

“This was never about the money for my client,” Torem said.“This will help pay for her damages. Under the law, the city did nothing wrong, but we still feel this is a dangerous intersection that needs to be looked at closely.”

*Originally published in the Santa Monica Daily Press print edition on May 19, 2006.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/051906.pdf?ref=smdp.com)