Farmers’ Market tragedy appears headed for courts
The elderly Santa Monica man responsible for killing 10 people and injuring dozens more is scheduled to go on trial July 10, nearly three years after he drove his car through a busy Farmers Market on Arizona Avenue.
The criminal and civil cases against Russell Weller, now 89 years old, have been delayed numerous times for a variety of reasons. The 36 civil lawsuits that have been filed against City Hall, Weller and others believed to be liable for the accident, had been put on hold until the criminal proceedings were finalized.
But a Santa Monica judge ruled last fall that six of those cases must go forward because some of the plaintiffs — all victims of the July 16, 2003 accident — are aging or their health is deteriorating. Judge Valerie Baker on March 29 ordered those cases to go to trial on July 10, the same day the criminal trial is scheduled to begin.
Weller has pleaded not guilty to 10 felony counts of vehicular manslaughter with gross negligence. He apparently lost control of his car after he rear-ended a Mercedes Benz at the intersection of Fourth Street and Arizona Avenue. Police say he hit the accelerator instead of the brake. Weller traveled 995 feet through the market at speeds of up to 60 mph, avoiding parked cars but hurling pedestrians into the air before stopping, a California Highway Patrol report said.
The 10 people killed ranged in age from 7 months to 78 years old. One of the plaintiffs has died while waiting for the civil and criminal cases to proceed, thus making the pain and suffering claim null and void for her estate.
Steve Archer, one of more than a dozen lawyers representing 63 plaintiffs, said Judge Baker ultimately decided that six of the cases were exceptions either because of the plaintiffs’ age or deteriorating health.
“She basically said these people deserve to have their day in court,” said Archer, who is acting as the representative for the plaintiffs’steering committee for all of the cases. Archer is representing one client, Melissa Greenstein, a registered nurse in her late 30s who was on vacation in California and was injured at the Farmers’ Market. The woman suffered multiple fractures requiring several surgeries. Her medical bills and loss of income is estimated at more than $1 million, according to her lawsuit.
City Hall has filed a motion to continue the six cases scheduled for trial. That motion, as well as the status of the remaining 30 cases, will be discussed at a hearing before Judge Baker on April 10. The possibilities of mediation or settlement negotiations also are on the agenda, Archer said.
One of the main reasons for the delays is that Weller, a retired wholesale grocer who lives north of Montana Avenue, refuses to talk.
“We haven’t been able to finish discovery because Mr. Weller is asserting his Fifth Amendment right, and clearly he is an important player in this case,” said City Hall’s Chief Deputy City Attorney Jeanette Schachtner, regarding why she is seeking a continuance. She argues that the civil cases should be dealt with after the criminal proceedings are over.
“Once the criminal case is over, he has no basis to assert his Fifth Amendment right,” Schachtner said. “We feel (moving the civil cases to trial) is premature based on the fact that Mr. Weller has refused to give a statement since he is the major cause of this accident.”
The defendants in the civil matter include Weller, City Hall, the Bayside District Corp., which is a nonprofit that manages downtown with public money, the Southland Farmers Market Association and Step Up On Second, a social service agency that helps mentally ill homeless people and plays a large role in the weekly markets. The statute of limitations ran out in the case in September of 2004 and no more lawsuits are expected to be filed. Attorneys representing the plaintiffs argue the city of Santa Monica should have had protective barriers situated at both ends of the market, much like it does at the ends of the Third Street Promenade.
“This is not an issue of this guy being a lunatic who tried to run down people on purpose,” Archer said. “He got confused, hit the wrong pedal. It happens, but the city should have known there was a danger.”
Santa Monica officials maintain that it was a tragic accident that couldn’t have been foreseen.
City Hall and Bayside — both of which are being represented by an outside law firm, as well as in-house attorneys — have filed motions for the civil cases to be thrown out of court. Those motions will be heard on June 2. Step Up On Second also has filed a similar motion, which will be heard on May 22.
Meanwhile, attorneys representing Weller in the criminal matter hope for another delay. Mark Overland, one of Weller’s defense lawyers, said he plans to file a motion for a continuance within 10 days of the next scheduled hearing, which is May 12.
“We think we’ll be ready in November,” he said, declining to answer why he is asking for a delay. “(The reason) will be in the motion.”
Prosecutor Ann Ambrose said she is ready to go to trial.
“The people has announced that it is ready,” she said. “They’ve been given adequate time and they’re going to have to prove an adequate reason to delay it... I anticipate that we will start on July 10.”
Weller’s health continues to deteriorate, which has some who are involved in the case concerned that he might die before the court proceedings begin or justice is sought. Others believe that both the prosecution and the defense are stalling so that the case is never brought to trial.
Originally published in the Santa Monica Daily Press print edition on April 6, 2006. Read the original PDF.