A consolidated lawsuit brought by the widow and two children of a 68-year-old psychologist killed by an allegedly speeding motorist in the Arts District in 2020 can proceed, a judge ruled Tuesday in denying a motion by the City Attorney’s Office to dismiss the part of the case against the city.
Los Angeles Superior Court Judge Michael L. Stern issued his ruling after hearing arguments Tuesday. The City Attorney’s Office maintained that the portion of Santa Fe Avenue where Larry David Brooks was killed on May 4, 2020 — after being struck by a car allegedly driven by Ka-Leung Chan — was designed and constructed with plans that were “reasonably” approved by city employees, thus giving the city “design immunity.”
Attorneys for Brooks’ widow, Anna Marie Piersimoni, countered that the design plan had become hazardous due to a change in physical conditions, that the city knew about the dangers and that it had enough time to fix the problems, but failed to do so.
“We are pleased with the court’s decision to deny the city’s motion and look forward to presenting our case at trial,” plaintiffs’ attorney Robert Glassman said after the hearing. “Since the city of L.A. does not want to take responsibility for the damage done to the Piersimoni family as a result of this dangerous roadway that has been a known hazard for years, a jury will hear all the evidence and decide.”
The other part of the lawsuit alleges Chan was negligently speeding when his 2018 McLaren 720s struck and killed Brooks while he was walking in the parking lane of Santa Fe Avenue between Third and Fourth streets. Chan was later charged with reckless driving and felony vehicular manslaughter.
In their court papers, Chan’s attorneys argued their client was not the sole cause of the accident and that therefore the city’s dismissal motion should be denied.