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.
“July 16, 2003 might have been prevented altogether”
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 Since the tragedy, the sawhorses have been replaced by parked vehicles which present an equally inadequate solution to a very foreseeable problem.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
Ms. Bacal, age 47, is a school teacher and resides in Topanga, CA. She received severe and permanent injuries, including a severe fracture and dislocation of her left shoulder, multiple lacerations and injury to her left foot, as well as severe emotional distress and trauma.
Sara Dobbins vs. City of Santa Monica
Ms. Dobbins, age 71, is retired and resides in Santa Monica, CA. She was formerly a Community Relations Staff Assistant with the Santa Monica Police Department. She received severe and permanent injuries, including head trauma, fractured hip, massive hematomas and severe emotional distress and trauma.
Benny Gong vs. City of Santa Monica
Mr. Gong, age 65, is a retired chef and resides in New York, NY. He received severe and permanent injuries, including head trauma with brain injury, injuries to the left side of his body and left lower extremity, as well as severe emotional distress and trauma.
Holley Hankinson vs. City of Santa Monica
Ms. Hankinson, age 42, is a resident of Santa Monica, CA. and is a private consultant to non-profit organizations. She received severe and permanent injuries, including head trauma, with severe facial fractures to her left eye, nose and cheek areas; multiple lacerations and abrasions; severe emotional distress and trauma.
Estate of Leroy Lattier vs. City of Santa Monica
Mr. Lattier was a resident of Santa Monica, CA. and worked as a handyman. He sustained severe and permanent injuries and died as a result at age 54. His estate is represented by his mother, Mrs. Bertha Lattier who resides in Shreveport, LA.
Ilona Lettrich vs. City of Santa Monica
Ms. Lettrich, age 60, is a resident of Los Angles, CA. and formerly owned a beauty salon, which she was forced to sell because of her injuries. She received severe and permanent injuries, including head injuries with severe lacerations and abrasions to her face, shoulders, upper and lower extremities and torso. She also sustained crush injuries to her right hand involving multiple tendon injuries, and severe emotional distress and trauma.
Estate of Diana Gong McCarthy vs. City of Santa Monica
Mrs. McCarthy was a resident of Los Angeles, CA. and was a film producer. She sustained severe injuries and died as a result at age 41. Her estate is represented by her parents, Benny Gong of New York, NY. and Maggie Gong of Foster City, CA.
Mark Douglas Miller vs. City of Santa Monica
Mr. Miller, age 40, is a resident of Westchester, CA. and is a film director. He received severe and permanent injuries, including surgery to repair two broken legs, and which will require additional surgery to his left knee.
Anthony Portillo vs. City of Santa Monica
Mr. Portillo, age 32, is a resident of Venice, CA. and is an office manager for a radio promotions company. He sustained severe and permanent injuries, including internal derangement with torn ligaments in his left knee requiring surgery, severe lacerations to his hips and right lower leg.
Dina Richter vs. City of Santa Monica
Ms. Richter, age 30, is a resident of Venice, CA. and is a school teacher. She sustained severe fractures to her right shoulder and right upper extremity, facial injuries and left hip and lower extremity trauma, as well as severe emotional distress and trauma.
Olivia Wun vs. City of Santa Monica
Ms. Wun, age 19, is a student at New York University and is from Altadena, CA. She received severe and permanent injuries, including severe lacerations and abrasions to her face, shoulders, upper and lower extremities, and fractures to both of her feet, as well as severe emotional distress and trauma.
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