Greene Broillet Files 11 Lawsuits Against the City of Santa Monica for Wrongful Deaths and Personal Injuries Arising out of the July 2003 Santa Monica Farmers' Market Tragedy

Business Wire, July 13, 2004

SANTA MONICA, Calif. -- The Santa Monica, CA. law firm of Greene, Broillet, Panish & Wheeler, LLP filed 2 wrongful death lawsuits and 9 complaints for damages today in Santa Monica Superior Court on behalf of its clients against the City of Santa Monica, Bayside District Corporation and George Russell Weller. The Plaintiffs' claims arose out of the July 16, 2003 Santa Monica Farmers' Market tragedy in Santa Monica, CA. Southland Farmers' Market Association, the County of Los Angeles Agricultural Commissioner/Weights and Measures, and General Motors Corporation have also been named as defendants. The Hon. Valerie Baker is the presiding judge. The Plaintiffs are represented by Brian J. Panish, Timothy J. Wheeler and Geoffrey S. Wells, and information about the cases is provided in an Editor's Note below.

Greene Broillet filed wrongful death claims on behalf of the Estate of Leroy Lattier and the Estate of Diana Gong McCarthy, who were both killed at the Wednesday, July 16, 2003 Santa Monica Farmers' Market tragedy. 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, who each received personal injuries arising out of the same incident.

The Wednesday Santa Monica Farmers' Market is a weekly open air market located on the public roadway along the Arizona Avenue corridor, between Second and Fourth Streets, and is intended for pedestrian use only on market days, with vendors setting up their booths in the street. The City of Santa Monica and the Bayside District Corporation sponsor the Santa Monica Farmers' Market and are responsible for all aspects of conducting, regulating and maintaining safety.

On July 16, 2003, the Plaintiffs were all attending the Santa Monica Farmers' Market and were walking along Arizona Avenue. At approximately 2:00 PM on that date, George Russell Weller lost control of his 1992 maroon Buick LeSabre sedan and drove it westbound on Arizona Avenue, between Fourth and Second Streets, striking and injuring at least 63 pedestrians and killing 10 people.

The Plaintiffs allege that the City of Santa Monica and Bayside District Corporation were negligent and reckless in conducting and regulating the weekly Wednesday Santa Monica Farmers' Market. They claim that Defendants' acts or failures to act created the dangerous conditions which caused the accident to happen, including the City's failure to install any type of bollards or barricades to block east/westbound traffic on Arizona Avenue between Second and Fourth Streets in Santa Monica, and its failure to properly monitor the roadways or regulate motor vehicle traffic on market days.

"The sawhorses that the City of Santa Monica used to block east and westbound traffic from entering Arizona Avenue between Second and Fourth Streets," explained Geoffrey S. Wells, "were flimsy and totally ineffective in preventing George Weller's car from barreling down Arizona Avenue and leaving a path of misery in its wake. 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."

"We hope," said Brian J. Panish, "that these lawsuits will help shed light on the issue of public safety not just in Santa Monica, but everywhere across the country where city streets are transformed into farmers' markets for a few hours each week. Above all, we seek justice for our clients who have paid a terrible price for entrusting their greater safety to the City of Santa Monica and the Bayside District Corporation."

"July 16, 2003 might have been prevented altogether," said Mark D. Miller, age 40 and a victim of the Santa Monica Farmers' Market tragedy, "had the City of Santa Monica taken steps to install proper traffic safety measures. But, sadly, it did not and many lives will never be the same again. I am one of the lucky ones because I survived, but my heart truly goes out to the ten families who have lost a loved one."

Added Miller: "If we are to gain any insight from this tragedy, it is to insist that our elected officials do their utmost to make public gathering places as safe as possible. Whatever costs are involved, they are negligible when compared to the pain and sorrow that we victims must endure for a lifetime."

Editor's Note #1

Plaintiffs are represented by Brian J. Panish, Timothy J. Wheeler and Geoffrey S. Wells with Greene, Broillet, Panish & Wheeler, LLP (www.gbpwlaw.com); Tel: 310-576-1200.

Defendant the City of Santa Monica is represented by Marsha Jones Moutrie, Santa Monica City Attorney; Tel: 310-458-8836.

Editor's Note #2

Sandra Ellen Bacal vs. City of Santa Monica