Good morning, it’s Wednesday, July 15, and sweltering heat will bake the city, with highs reaching the mid 90s.
A motorcyclist crashed into a teenager, but it’s the City of L.A. that will pay $20 million.
On the afternoon of March 30, 2023, Joshua Mora, then 13, was on his way home from school in Boyle Heights, crossing Whittier Boulevard at Orme Avenue in a painted crosswalk, when a motorcyclist careened into him.
Doctors had to amputate one of the boy’s legs below the knee and he suffered from a mild brain injury. The motorcyclist, Erwin Majano, was eventually arrested and ultimately pleaded no contest to a felony count of hit and run. A judge sentenced Majano to three years in prison.
But it is the city of Los Angeles who will pay.
At the end of June, the City Council unanimously voted to pay $20 million to Mora and his family to settle a lawsuit over the accident.
This is a huge check for the dirt-broke city to cut for many reasons. The case never went to trial. Attorneys for the city barely contested it in court. But most notable: the city agreed to the payout even though no city vehicle or employee was involved.
The crosswalk at Orme Avenue and Whittier Boulevard in Boyle Heights. (Photo by Julia Wick/LA Material)
Mora and his family argued that the intersection where the accident happened was so dangerous that the city was at fault anyway. Officials, the family alleged, knew that the crosswalk had no lights or newer signage and was located at a spot where oncoming drivers could not see well.
The City Attorney’s office did not respond to a request for comment. But the settlement raises the specter that L.A. could face liability for more of its outdated crosswalks. Over the city’s 469 square miles, there are hundreds of other painted crossings that traverse four-lane intersections but lack lights or other upgrades.
David Ring, a prominent plaintiff’s lawyer who was not involved in the case, said the fact that the city agreed to settle for so much money “means there were some very serious deficiencies at that intersection that should have been fixed long ago.” In many cases, cities have some immunity from suit over traffic accidents, unless there is evidence that officials were put on notice of hazards.
“The city likely realized that a jury could and probably would find against the city and award an even greater amount,” Ring said.
After the accident, the city installed a HAWK light system at Whittier and Orme — short for High Intensity Activated crossWalK — which lights up when a pedestrian pushes the crossing button, signaling drivers to stop.
Since the case involves a minor, L.A. Superior Court Judge Virginia Keeny must sign off on the final settlement structure to ensure the teen’s interests are protected.
In a hearing Tuesday, Keeny noted that the city appeared to have done little to fight the case in court.
“There was no motion work in this case,” Keeny said from the bench.
In fact, there was also no one from the City Attorney’s office in the courtroom to contest the judge’s opinion, or even hear her words; the City Attorney did not send a representative to the hearing. A spokesperson did not respond to a question about why from L.A. Material.
Given that little courtroom wrangling was required to get to the settlement, the judge also questioned whether Mora’s attorneys should be entitled to 45% of the $20 million award plus their legal costs, totalling nearly $9.4 million.
The judge said 35% was reasonable, adding, “It didn’t go to trial… It's a very high contingency and it concerns me.” Arash Homampour, the lead attorney for Mora, countered that 45% was standard for similar cases.
The judge did not appear convinced but scheduled a hearing for next week to discuss further.
READING MATERIAL
ANOTHER KAREN BASS SHAKEUP: The mayor’s communications director Kolby Lee resigned this week after just months on the job.
RED SAUCE NOSTALGIA: Dan Tana, the namesake of the legendary West Hollywood restaurant and celebrity hotspot, had his posthumous memoir published this week. Vanity Fair spoke to his daughters and shared excerpts from the book — which include details like John Belushi snorting coke off the bar.
IN-N-OUT BAN: Culver City is moving ahead with a proposal to ban new drive-thru restaurants, a prohibition that was motivated by plans for a possible new In-N-Out in the city, S.F. Gate reports.
PALISADES PROGRESS: Temescal Gateway Park, the 141-acre preserve in the heart of Pacific Palisades, will reopen Friday morning after being closed since the Palisades fire. Many trails will now be accessible, but the Temescal Canyon Trail — popular for its route to a waterfall — will remain closed due to unsafe conditions from the fire.
COURTHOUSE COURTSHIP: For couples looking to get married at a courthouse in California, the competition is steep, with L.A. Times’ Sonja Sharp detailing why the halls of justice are the new hotspot to say “I do.”
FOOTBALL LEGEND’S END: Robert Garrett, head football coach at the powerhouse program of Crenshaw High since 1988, confirmed to L.A. Times’ Eric Sondheimer that he’s no longer coaching after allegations of misconduct – but he’s returned to teaching.
RAW MATERIAL
For today’s peek inside our subscriber-only Discord server, a breakfast burrito review in El Sereno from L.A. Material contributor Greg Ruben.
AND FINALLY… A poem to pair with your morning coffee: “The Dream Keeper” by Langston Hughes.
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