Bayside to Stand Trial in Farmers Market Case

By Jorge Casuso

June 21 -- A Superior Court judge ruled Wednesday that the Bayside District Corporation must stand trial in lawsuits charging that the agency was in part responsible for the Farmers Market accident that left ten dead and more than 60 injured nearly three years ago.

The ruling by Superior Court Judge Valerie L. Baker to deny a summary judgement dismissing the case could indicate she could soon rule that the City must also stand trial in the cases filed by attorneys representing 14 plaintiffs injured or killed in the July 2003 accident.

In a six-page ruling, Baker denied the Bayside’s motion “because of formal and evidentiary defects.

“The Bayside did not meet its burden of showing that there are no material factual disputes and that it is entitled to judgement as a matter of law,” Baker wrote.

“On further review the court finds that the evidence submitted in support of the motion is not sufficient to establish grounds for summary judgement,” she wrote.

Baker found that the agreement between the City and the Bayside District -- which holds the agency responsible for operation and maintenance of the Downtown -- tended “to contradict the broad, sweeping conclusory statement” made by Bayside Executive Director Kathleen Rawson.

In her statement, Rawson, who took over the agency in 1997, said she “has never had any involvement whatsoever in any aspect of the … operation … maintenance of the Farmers Market.”

Rawson also stated that during her tenure, “no one from the Farmers Market staff or personnel, or anyone else from the City of Santa Monica, has ever sought the advice, assistance or input from myself or any personnel of the Bayside concerning the … operation … maintenance … of the Farmers Market.”

Baker agreed with the plaintiffs' attorneys that Rawson’s statement, as well as statements made by Farmers Market Manager Laura Avery, were “overbroad, “conclusory” and lacked foundation.

Rawson, the judge agreed, could not speak for all Bayside staff and board members.

During a June 8 hearing, the Bayside District’s attorneys had argued that the services agreement with the City does not contradict Rawson’s statement, but, in fact, supports it.

The services agreement, they said, sets out general responsibilities for the Bayside that do not include responsibility of the Farmers Market.

The contract specifically only calls for Bayside’s involvement with the Farmers Market if a special event on the Third Street Promenade conflicts with the market, the defense attorneys argued.

Baker is expected to rule this week on a summary judgement filed by the City, which plaintiffs attorneys charge was responsible for the deaths and injuries that took place when George Russell Weller’s Buick LeSabre tore through the crowded Downtown market at 60 miles per hour.