mydesert.com

Sponsored By:
Subscribe to The Desert Sun

Impaled man's widow sues Indian Wells for damages

Mariecar Mendoza • The Desert Sun • October 31, 2009

A trial date for a case involving the death of a local entertainer is expected to be set by the end of the year, officials said.


Victor Leon, 63, of Palm Desert died Jan. 12 after he was impaled by a gate that pierced his car as he was driving through Indian Wells.

Leon was executive producer of Musical Chairs, a local tribute concert series featuring music by great American songwriters.

The incident occurred at the corner of Miles Avenue and Highway 111, near the construction site for the Indian Wells Crossing project.

Leon's wife, Elizabeth Leon, filed a lawsuit June 15 against the city of Indian Wells, the Coachella Valley Water District and two Illinois-based companies — Miles Lodge LLC and Jerson Investments LLC, demanding a jury trial.

A court hearing for the case was scheduled Oct. 7, but was canceled.

The next hearing date is set for Dec. 14, where it is expected that the judge will set the trial date, said Paul R. Kiesel, the Los Angeles-based attorney representing Elizabeth Leon.

“The investigation is ongoing to determine why this tragedy happened,” Kiesel said.

Miles Lodge LLC and Jerson Investments LLC are listed as owners of the property where the gate was, Kiesel said Friday.

Indian Wells and CVWD, however, had a legal easement that allowed employees to have access to and control of the area as well, he added.

According to court documents, the listed defendants “negligently designed, installed, maintained, controlled and operated the gate” that subsequently swung out into Miles Avenue, impaling Victor Leon.

It names two CVWD employees believed to have removed the chain to the gate, which caused the gate to swing out into the roadway.

“While I am unable to comment on the specifics of this accident at this time at the advice of legal counsel, I want to assure the community that we are taking this matter very seriously,” said CVWD general manager Steve Robbins in a statement released Friday.

“We oversee a comprehensive employee safety and operational training program and moved to reinforce those procedures and protocols with district staff immediately following this accident.”

(2 of 2)

Robbins said the district “has an extremely strong safety record” and that during his nearly 30 years at CVWD, he does not know of “any previous employee-related fatalities.”


The lawsuit also claims that Indian Wells city officials had prior knowledge of the dangers the gate posed to motorists traveling Miles Avenue.

In December 2008, the gate reportedly struck and caused damage to a vehicle.

The driver reported the incident to the city and later received payment for the damages, according to the court documents.

Indian Wells officials deferred all questions to Joe McMillin, the city's attorney on the case. On Friday, he said the city has no comment at this time.

The Indian Wells City Council, however, is expected to meet in closed session about the Leon case Thursday, according to the council agenda.

Currently, the matter is in “the discovery phase of litigation,” Kiesel said.

Elizabeth Leon is seeking compensation for general damages, incurred expenses for medical care and treatment, burial and funeral expenses, prejudgment and pretrial interest as well as any “further relief as the court may deem just and proper.”

In your voice|

Read reactions to this story


characters left