Sebastiani Theatre settles Lilla Weinberger wrongful-death suit
The wrongful-death suit filed by the family of Lilla Weinberger against the Sebastiani Theatre Foundation, building owners David and Doris Seyranian and the City of Sonoma was settled for $875,000, just days before a planned jury trial set for May 14 in Sonoma County Superior Court.
Weinberger’s husband Andy, and two sons, Gideon and Tobias, filed the wrongful-death suit in November 2019 after she suffered a fatal head injury inside the theater on March 24, 2019.
The Foundation - which runs the theater’s day-to-day operations - denied any wrongdoing but agreed to a settlement to avoid a trial, according to court documents.
Executed Settlement Agreement.pdf
The theater is covered by two insurance policies, and its two insurers – NAIC and Liberty Mutual – will evenly split a $875,000 payment to Andy, Gideon and Tobias Weinberger.
The lawsuit named as defendants the City of Sonoma, the Sebastiani Theatre Foundation and the Oakland-based building owners - Sebastiani Building Investors. The City did not participate in the settlement, however, nor did the building owners.
“None of the settlement funds were paid by the City and there was no admission of liability, nor was there any finding of wrongdoing on the part of the City or the Theater Foundation,” Interim City Manager David Kiff said.
The City of Sonoma was named in the suit because it is the formal tenant listed on the Sebastiani Theatre’s 25-year lease. The Sebastiani Theatre Foundation is its sub-tenant, making the City liable for any claims against the theater.
Weinberger was 77 years old when she died. She was well known in Sonoma as the longtime co-owner of Readers’ Books, along with her husband Andy. The couple moved to Sonoma in 1991 and opened the popular downtown bookstore later that year.
After her death, her friend and co-worker Jude Sales said, “Lilla had thousands of friends... If you knew Lilla, she just sort of absorbed you into her life.”
Lilla was heading up the Sebastiani Theatre’s capital campaign at the time of her death and was close friends with former theater manager Roger Rhoten.
“Lilla’s death was an incredible loss for her family, friends and all of us with the Sebastiani Theatre Foundation,” said Rhoten. “Lilla was a very dear friend for over 30 years, and her son Tobias is like a son to me. It has been very difficult for everyone.”
Andy Weinberger told the Index-Tribune he brought the lawsuit against the theater and the owners of the building “with great reluctance.”
“I did it because what happened to my wife, Lilla, that March day of 2019 was not just a huge personal loss, it was, in my view, preventable,” Weinberger wrote in a statement.
According to forensic experts, the stairs leading to the stage were out of code and poorly constructed. According to the City's own inspectors, there had been warnings over the years, yet nothing was ever done to rectify the problem.
Weinberger does not believe any changes have been made to the stairs since the accident, a fact confirmed by the City of Sonoma. Rhoten said that at the present time there is no public access to these stairs, and the stairs will be evaluated in any future architectural plans. Requests for comment from building owner David Seyranian were not returned by press time.
Attorney Michael Green of Santa Rosa represented the Weinberger family in the suit. The City of Sonoma was represented by attorneys Cynthia Lawrence and John Hill of Roseville. The Sebastiani Theatre Foundation was represented by attorney Ronald Enabit of Sacramento.
The lawsuit accused the defendants of “general negligence” and “premises liability” and alleges that Weinberger’s fall down stairs within the theater resulted in her “wrongful death.” An autopsy by the Napa County Coroner’s office determined Weinberger’s cause of death to be acute craniocerebral trauma.
The civil complaint listed one count of negligence, one count of “failure to warn,” one count of “dangerous condition of public property” and other various unspecified allegations. The lawsuit contended that, as a result of Lilla’s death, the Weinberger family suffered wage loss, general damage, loss of earnings and “loss of comfort, care, society, affection, moral support, training and guidance.”
The suit described the theater stairs as “dangerous” and contended that they were constructed and maintained in violation of existing building codes.
“[Lilla] died as a direct and proximate result of the fall,” the filing states.
Rhoten was emotional as he drafted a statement for the Index-Tribune, saying, “it is good to bring this to a closure. In regards to the lawsuit, it has been settled now, to avoid the cost and uncertainty of litigation. We still maintain that we were not negligent in regards to Lilla’s death, but it is now time to move forward.“
Weinberger said he was pleased to have reached a settlement with the insurers and stressed that he has no ill will toward the Sebastiani Theatre Foundation.
“In fact, I wish them only the best,” he wrote. “And while the defendants don't admit to any wrongdoing, I hope and pray that they will take measures to fix the steps so that no further tragedy occurs. Yes, we received a sum of money in the settlement. That helps, but no amount of money will bring Lilla back. The overarching truth is, this was never really about money; this was always about justice.”
Contact Lorna at lorna.sheridan@sonomanews.com.
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