By Olin Ericksen
Staff Writer

November 21 -- The criminal chapter of the Weller saga may have drawn to a close Monday, but the verdict is still out in 38 separate civil lawsuits filed as a result of the 2003 crash.

Attorneys for the Santa Monica-based law firm of Green, Broillet and Wheeler, LLP -- which is handling 18 of the suits -- said their clients will be seeking tens to hundreds of millions of dollars of non-punitive damages from the Bayside District Corporation, which manages the Downtown. (see story)

Lawyers for the victims are also hoping to wrangle the City of Santa Monica back into court, after a judge ruled that the City was immune from liability because the market was “not in a dangerous condition on the date of the accident.” (see story)

While City police vehicles now stand sentinel at adjoining ends of the open-air market, the two plastic sawhorses used to block the market before the crash were not enough to stop Weller’s 1992 Buick from plowing through the early afternoon crowd, attorneys said.

"There is no doubt that Mr. Weller played a hand in the Santa Monica farmer's market tragedy," said Geoff Wells, a partner at the firm. "But the City of Santa Monica and Bayside District Corporation played a major role."

Although the City was the primary architect of the traffic plan, the Bayside District -- covered under City insurance -- should also be held responsible, because the non-profit agency signed a contract with the City, Wells said.

"It was a contractual obligation," Wells said. The Bayside “had people out there, walking the area… looking for things that were unsafe."

Asked whether there was any other involvement on the part of the Bayside District Corporation in administering the traffic plan, Wells responded, "Not really."

Still he said his law firm plans to move forward against the agency in trial set to start in March of next year.

While the extensive civil trial moves forward, the appeal case reexamining whether Santa Monica is liable will likely not take place for another couple of years, Wells said.

"It will be awkward," Wells said of the process. If the firm wins their appeal against the City, an entirely new civil trial may proceed, he said.

In addition to its local effects on the lives of Santa Monicans, the City and the Bayside District, the case has sparked questions nationally.

A vigorous debate has taken place over whether elderly drivers should be tested more often, and the lawsuits could impact how cities, such as Santa Monica, conduct other outdoor markets and events.