Davis family settles Encinitas bluff-collapse lawsuit for more than $32 million – San Diego Union-Tribune

The family members of three women killed in a 2019 cliff collapse in Grandview Beach have reached a settlement totaling more than $32 million with the state, the city of Encinitas and coastal property owners.

In addition to a $32.85 million payment and “an additional confidential monetary amount,” the settlement agreement includes a requirement that Encinitas increase public awareness of the risks of bluff collapses. The education campaign will include new signage, videos and additional training for lifeguards, the Davis family’s attorney said.

“We want to be clear that we do not consider this a victory,” attorney Bibianne Fell wrote in a prepared statement Thursday. “We see this as the beginning of a multi-front effort to raise public awareness about the hidden dangers of bluff collapse. We will call it a ‘win’ if these efforts to raise awareness prevent future tragedies.”

The women – Julie Davis, Anne Clave and Elizabeth Cox – were attending a large family gathering at Grandview Beach in Leucadia in early August 2019 when a large section of the sandy cliff above them fell onto the beach, killing them. Just before the landslide, the family’s many grandchildren were sitting around a cooler just behind the three ladies’ chairs. If the children had stayed there a few minutes longer, they too would have died, Encinitas pediatric dentist Pat Davis told the City Council several weeks after the 2019 tragedy.

Davis lost his wife, daughter and his wife’s sister in the cliff collapse.

“I don’t want what happened to my beautiful family to ever happen again,” he told the council.

He added that he was told the best way to heal from this tragedy was to find a sense of purpose, and for him that purpose would be advocating for beach safety projects.

In its press release announcing the new settlement agreement on Wednesday, the city of Encinitas wrote that it would be responsible for paying $13.3 million of the total costs of the settlement. By that evening, rumors were already circulating online that the city would use proceeds from a Nov. 5 ballot measure to cover new $13.3 million in expenses, an audience member said at Wednesday’s City Council meeting.

That is not true, responded city risk manager Jace Schwarm. Encinitas has regular and deductible insurance, and the deductible will cover these costs, she pointed out.

The city’s press release states that the new bluff safety education campaign will include “enhanced” signage with QR codes that allow beachgoers to watch a video about “the dangers of getting too close to bluff faces.”

The press release from the Davis family’s attorney said the lawsuit includes information about the long history of bluff collapses in the area, noting that there have been expert warnings of bluff instability dating back to 1983.

“Since the 1980s, factors such as improper stormwater management, the proliferation of non-native ice plants and climate change have exacerbated the risks associated with the cliffs,” the report states.

Originally published: October 25, 2024 at 3:32 PM