Prominent Firm Files Lawsuits in Farmers Market Tragedy

By Jorge Casuso

July 14 -- As expected, a prominent plaintiff law firm filed wrongful death lawsuits Tuesday against the City, the agency that runs Downtown and George Russell Weller, the elderly driver who left ten dead and more than 60 injured when his car plowed through a crowded Farmers Market a year ago.

Also named in the suit filed in Santa Monica Superior Court are the Southland Farmers’ Market Association and the County of Los Angeles Agricultural Commissioner/Weights and Measures.

The market association and county commissioner are thought to have “some relationship to the security aspects of the market” that should become clear during discovery, said Kathy Pinckert, director of marketing and media relations for Greene, Broillet, Panish & Wheeler, LLP.

The firm, which won the highest product liability verdict in history when six burn victims received $4.9 billion from GM in 1999 after the car they were in burst into flames, plans to make Santa Monica a national case study.

"We hope 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," said Brian J. Panish, a principal with the Santa Monica-based firm.

“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," Panish said.

City officials declined to comment on the case.

Two wrongful death claims were filed on behalf of the estate of Leroy Lattier and Diana Gong McCarthy, who were both killed in Farmers’ Market tragedy, the law firm said. 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 nine of the injured victims -- Sandra Ellen Bacal, Sara Dobbins, Benny Gong, Holley Hankinson, Ilona Lettrich, Mark Miller, Anthony Portillo, Dina Richter and Olivia Wun.

The plaintiffs allege that the City and Bayside District Corporation, which runs the Downtown, were negligent and reckless in conducting and regulating the weekly market.

They blame the accident on the City’s failure to install bollards or barricades to block traffic and 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 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,” said Geoffrey S. Wells, a lead attorney for the firm.

“Since the tragedy, the sawhorses have been replaced by parked vehicles which present an equally inadequate solution to a very foreseeable problem,” Wells said. “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."

The civil actions against Weller come six months after the Los Angeles County District Attorney charged the elderly driver with ten counts of vehicular manslaughter with gross negligence. If he is found guilty on all counts, the 87-year-old Weller could face up to 18 years in state prison.

Weller's attorney has declined to comment on the charges against his client prior to a hearing scheduled for October 12 except to say the incident was "an accident."

On Tuesday, Mayor Richard Bloom released a statement to commemorate the first anniversary Friday of the tragic incident.

"The events that occurred here a year ago affected people from all walks of life," Bloom wrote. "I have spoken with hundreds of farmers, market merchants, patrons, emergency responders and residents. I am awestruck at the resiliency all have shown in the face of such great tragedy.