Many of you remember the tragic event on July 16, 2003 when George Russell Weller (featured right), 86 at the time, drove his car through the Santa Monica farmer’s market. As Weller drove west on Arizona where the farmer’s market takes place he allegedly became confused and hit the accelerator instead of the brake. After hitting a pedestrian he panicked and hit the gas even harder, consequentially killing 10 people. At the time it was decided that his actions during the event were an accident but the judge said Weller showed “enormous indifference” and “unbelievable callousness” after the incident, which was enough to convict him of manslaughter.
Many of the families of those killed sued the City of Santa Monica for not properly protecting the Farmer’s Market. This week two remaining lawsuits were settled resulting in the city of Santa Monica and other defendants paying $6 million. This brings the total amount of payouts from the accident to $21 million.
The issue still remains, who was to blame for the deaths of these innocent people, was it the individual or the city?
Weller was convicted on 10 counts of vehicular manslaughter with gross negligence in the deaths of Lynne Weaver, 47, Theresa Breglia, 50, Brendon Davidesfahani, 7 months, Molok Ghoulian, 62, Gloria Gonzalez, 35, Movsha Hoffman, 78, Leroy Lattier, 55, Diana McCarthy, 41, and her husband, Kevin, 50, and Cindy Valladares, 3. The jury said that he “acted criminally after seeing images of gruesome carnage, including a dead body draped over the hood of Weller’s car and another victim beneath the wheels.” But, how can you judge someones reaction after an event that horrific? Weller may have just been in shock when he saw what happened, that doesn’t necessarily mean that he’s a criminal.
Weller, now 91, received a sentence of five years’ probation. He is now confined to his home and receives 24-hour nursing care.
The city’s position is stated by Deputy City Atty. Jeanette Schachtner:
“The city believes that it has no liability,” she said. “But, in a case this big, trial results are difficult to predict. The settlement eliminates the risks and difficulties of trial and allows the victims, their families and the city to put this tragedy behind them and move forward.”
The state said that, although the driver was at fault for driving through the wooden barricade, it was the city’s responsibility for not foreseeing the possible danger and protecting the people.
Under the latest settlement, Santa Monica’s insurers, market operator Bayside District Corp. and Weller will pay $1 million to the family of Movsha Hoffman, who was killed when struck by Weller’s car, and $5 million to a family who lost a 62-year-old grandmother and a 7-month-old child. “No. 1 issue has always been public safety. The human error fact is foreseeable to traffic engineers and the city did not do a good job here,” said Geoff Wells, who represented the Hoffmans and several plaintiffs. “There is a sense of relief for the family after five years.”
The National Transportation Board concurred with Geoff Wells, they found;
“…that the city was partly to blame for the accident because the movable barriers were ineffective and a nearly 20-year-old traffic plan for the area did not comply with national, state or city guidelines. After the tragedy, city vehicles replaced the sawhorses.”
What do you think?
Loading ...Quotes and photo by the LATimes.com
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1 response so far ↓
1 Bobbie // May 23, 2008 at 3:28 pm
I think it’s mostly his fault however if there had been proper barricades there wouldn’t have been these tragic deaths. A lawsuit such as this gives cities a wake up call in regard to safety. Therefore Santa Monica and other cities will establish more barriers and various other safety precautions to protect lives.
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