10 More Claims Filed in Market Crash

Attorneys on Wednesday filed 10 new claims against Santa Monica, alleging that the city should have foreseen last July’s Farmers’ Market tragedy and erected barricades to keep cars from entering the open-air market.

“This was a completely preventable accident,” said Geoffrey S. Wells, an attorney representing several injured victims and the survivors of three who died in the calamity. “They dropped the ball.”

George Russell Weller, the driver who killed 10 and injured 63 when he plunged his car through the market July 16, is “a victim of this as well,” Wells said at a morning news conference in front of Santa Monica City Hall.

By law, individuals must first file a claim before they can sue a governmental entity. The deadline for filing claims in the case is Friday.

Displayed on easels were blown-up photographs of the metal bollards that protect the Third Street Promenade, a pedestrian shopping area that intersects with the market.

Similar bollards should have been installed at the entry points of the market, Wells said.

Fighting back tears, Frank McCarthy -- whose brother, Kevin, 50, and sister-in-law, Diana Gong McCarthy, 41, died -- said he hoped that the legal action would force the city to take responsibility for the calamity.

“I just hope something like this never happens again,” said McCarthy, an emergency medical technician who came from Queens, N.Y., for the news conference.

Five other victims and survivors spoke of their profound sense of loss but also emphasized that they hoped by their action to ensure the safety of future market shoppers everywhere -- not just in Santa Monica. Monetary damages were not mentioned but are certain to be an issue in any future lawsuits.

Dina Richter, 30, a high school English teacher who lives in Venice, said she felt fortunate to have survived but said her injuries have kept her from pursuing her passion for running marathons, swimming and cycling. She said she has daily visions of “the car, my face hitting the pavement and baby carriages landing on me.”

The new claims bring the total filed against the city to 48, said Jeanette Schachtner, deputy city attorney, who added that the city has rejected them all.

For the first time, the claims also named Bayside District Corp., a nonprofit, private-public partnership that manages aspects of downtown Santa Monica’s commerce.

Wells said his firm’s investigation had shown that Bayside “had a services agreement to provide security and safety for the market.”

Kathleen Rawson, Bayside District’s executive director, disputed that notion.

“The city manages the Farmers’ Market program,” Rawson said. But she acknowledged that she could understand the victims’ desire to hold someone responsible.

“I have to say if I was a victim or a family member, I’d be looking too,” she said.

Weller pleaded not guilty last week to 10 counts of vehicular manslaughter with gross negligence.