Families of Quake Victims Awarded $2 Million

by rreeves ~ February 6th, 2008

The families of two women who were killed during the San Simeon earthquake on December 22, 2003 have been awarded $2 million in compensation. In the earthquake, which measured 6.6 on the Richter scale, the Acorn Building, which dates back to 1892, collapsed killing the two women, 20-year-old Jennifer Myrick and 55-year-old Marilyn Frost Zafuto. The two women were in Ann’s Dress Shop inside the building, when the ground started to shake.

The jury seems to agree that the building, which was not reinforced, provided an environment for danger and risk. Attorneys for the family of the building’s owner, Mary Mastagni, tried various means to pin the blame on the women who ran out when the building began to rumble. They should have stayed in, they argue, and should have covered themselves under tables as school children are taught to do. Closing arguments for the case, which went on for up to 6 hours, focused heavily on this action of the two women as the reason for their deaths, and not the structure of the building itself.

The attorneys for Mary Mastagni’s family seem not to have taken into consideration the fact that the women were in a shop with mirrors and were surrounded by a glass display and an entire mirrored wall. The women must have presumed they weren’t safe inside, since the risk from broken and flying shards of glass was immense.

The Acorn Building had the only two fatalities in the earthquake. Most of the buildings which were also damaged in the quake had one thing in common – they were all historic buildings constructed many years ago, and were not reinforced or retrofitted with safety measures. In fact, soon after the quake, it was found that buildings which had been partially retrofitted suffered no damage at all.

To leave a century-old building not reinforced in a city that is famous for its propensity for earthquakes is beyond negligence. Regardless of whether the women ran out or whether they stayed in the building, the fact of the matter is that the building crumbled like a pack of cards, while other even partially retrofitted buildings in the area remained standing. That says a great deal about safety standards at the Acorn Building. In fact, the Mastagnis have been given until 2018 to renovate the building to bring it within seismic safety guidelines.

For the families of Jennifer Myrick and Marilyn Frost Zafuto, the victory is bitter sweet. These were two women who died unnecessarily, they insist.

Both families have been outspoken campaigners for building safety standards in the state. In 2004, the Jennifer Lynn Myrick Memorial Law was passed which states that all unreinforced masonry building should have a placard outside that says that the building might be unsafe if an earthquake hits. The seismic safety bill, also known as Jenna’s Law, was signed by California Governor Arnold Schwarzenegger a few months after the tragic quake.

It’s just unfortunate that Myrick and Frost-Zafuto didn’t have the good fortune of a warning placard outside the Acorn Building in Dec 22, 2003. They might have been alive today.

If you have been injured or a family member has been killed due to unsafe conditions on another person’s property, you need the help of an experienced California personal injury law firm. Contact a lawyer at The Reeves Law Group for a free consultation.

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