City Hall back on defensive
DOWNTOWN LA — The elderly man found responsible for the deaths of 10 people when he drove his car through a crowded Farmers’ Market in Santa Monica more than three years ago will most likely have to cooperate with attorneys representing the victims, something he has refused to do in the past.
Attorneys for the victims said a Los Angeles Superior Court judge is expected to grant them permission to interview George Russell Weller on the condition that his statements only be used in the civil trial.
Weller has refused to give a deposition out of fear that his statements would be used against him in his criminal trial, which ended in October of last year with a jury finding him guilty of 10 counts of vehicular manslaughter with gross negligence. Weller, who was sentenced to five years probation, is appealing his conviction.
“Both sides seem to want this to happen so we can move this forward,” said Geoff Wells, an attorney representing some of the more than 40 plaintiffs. “A new trial date has been set for May 17 because I think both parties wanted to have that deposition in there.”
The trial had originally been scheduled for March 20.
Victims are suing Weller and the Bayside District Corp., a public-private management company that helps City Hall manage downtown. City Hall is also included in the suit, following a ruling last week denying its request for summary judgment on the issue of vicarious liability.
City Hall had been excused earlier last year on the grounds that its traffic management plan for the market was legit. However, a judge ruled that a jury should decide whether or not City Hall should be held liable because of its relationship with Bayside.
“This doesn’t really change much,” said Jeanette Schachtner, chief deputy city attorney.“The lawsuit has always been against the city of Santa Monica and Bayside and Mr.
Weller. Santa Monica was dismissed on one aspect... the setup of the market. We prevailed on that claim.
“Now there is the charge that we are somewhat responsible and, of course, we contend we are not.”
Wells said having City Hall named as a defendant will help victims in settlement negotiations.
“It provides us with some leverage,” Wells said. “We also think it’s good to have all the parties there so the jury can have the opportunity to assess responsibility amongst all the parties, including Mr.Weller, the city and Bayside.”
Regardless of the decision, City Hall would still be responsible for paying damages in the event they are awarded Under an agreement between Bayside and City Hall, if the management company is found guilty, City Hall would be required to foot the bill. City Hall has an insurance policy valued at $20 million. Bayside’s insurance would cover an additional $2 million.
A jury may assess damages in excess of $22 million, which could force City Hall to settle out of fear of paying out more money, according to Wells.
Victims originally sued Weller, Bayside, City Hall, mental health provider Step Up on Second and Southland Farmers’ Market Association, however, Southland, which promotes farmers’ markets, was subsequently excused from the case.
Step Up settled for $5 million, with a judge currently trying to decide how that amount should be divvied up amongst the plaintiffs.
On July 16, 2003, Weller drove his 1992 Buick LeSabre through the crowded open-air market on Arizona Avenue, killing 10 people and injuring more than 65 others.
In the criminal trial, Weller’s attorneys argued that the then-86 year old suffered from “pedal error” and lost control of his vehicle after rear-ending a Mercedes-Benz at the intersection of Fourth Street and Arizona Avenue.
Prosecutors argued that Weller was trying to flee the scene of the first accident when he crashed through plastic barricades that blocked off the entrance to the market. He then drove more than 200 feet, swerving back and forth, avoiding parked trucks while sending shoppers flying through the air.
Weller stopped only because a woman’s body was trapped beneath his car, acting as a human brake, prosecutors said.
Originally published in the Santa Monica Daily Press print edition on January 25, 2007. Read the original PDF.