Sayers v. City of West Hollywood Trial to Wrap
Up; Closing Arguments Will Be Presented Tomorrow at 1:30
PM
--
WHAT: The Sayers vs. City of West Hollywood trial will wrap up on
Tuesday, October 12, 2004 with closing arguments presented
before Judge Valerie Baker beginning at 1:30 PM in Santa
Monica Superior Court, Department "L" in Santa Monica, CA.
The trial re-started on September 27, 2004, and was argued
before the Judge as both parties agreed to waive their right
to a jury trial.
Judge Baker postponed the trial, which had originally begun
on May 17, 2004, in order to allow the Plaintiff more time
to conduct discovery on a design immunity defense that had
been raised late in the discovery process by the Defendant,
and which the Judge rejected on August 31, 2004. Jason Eli
Sayers is represented by Browne Greene, Mark T. Quigley and
Robert D. Jarchi with the Santa Monica, CA. law firm of
Greene, Broillet, Panish & Wheeler, LLP. Sayers vs. City of
West Hollywood, Case No. SC 069640.
WHO: According to the complaint, on the evening of April 24,
2001, Jason Eli Sayers (then age 25) was a pedestrian
lawfully within the Sunset Boulevard/Alta Loma Road
intersection in the City of West Hollywood (WEHO) when he
was struck by a car driven by Danielle Mason. She did not
see him because the flashing safety lights at the
intersection were not working. He filed this lawsuit
against WEHO on December 6, 2001 for negligence and
dangerous condition of public property, and contends that
the Defendant's failure to repair and maintain its flashing
light system at Sunset Boulevard/Alta Loma Road caused him
severe and permanent injuries, including brain damage.
The suit alleges that for several months prior to April 24,
2001, WEHO knew that the flashing safety lights at the
Sunset/Alta Loma Road intersection were not working, but
made no repairs as it was allegedly waiting for a traffic
tri-light signal to be installed a few months later (and
which ultimately occurred almost two years later). Plaintiff
alleges that WEHO knew as early as 1990 that this
intersection was a dangerous location for pedestrians to
cross because employees of Playboy Video Enterprises, Inc.
and Western International Media petitioned WEHO to make it
safer. Since then, WEHO has continued to receive similar
petitions from other concerned citizens about the dangers of
the Sunset/Alta Loma Road intersection. As noted in a 1997
State of California report, WEHO had "the worst pedestrian
accident rate for the 98 cities in the state."
"We stand behind our position that WEHO gambled with
Jason Sayers' and the public's safety by not repairing the
flashing light warning system at the Sunset/Alta Loma Road
intersection under its control," said Browne Greene. "We are
confident that the Court will find WEHO negligent for
allowing this dangerous condition to exist, which will then
enable us to go forward with the damages phase of this
trial."
WHEN: TUESDAY, October 12, 2004 at 1:30 PM
WHERE: Santa Monica Superior Court (West District), Department "L"
1725 Main Street, Santa Monica, CA. 90401
NOTE: Plaintiff is represented by Browne Greene, Mark T. Quigley
and Robert D. Jarchi with the Santa Monica, CA. law firm of
Greene, Broillet, Panish & Wheeler, LLP (www.gbpwlaw.com);
Tel: 310-576-1200.
Defendant is represented by Scott C. Haith with the
Calabasas, CA. law firm of Robertson & Vick.;
Tel: 818-878-1800.
