Fish Fry lawsuit heads to court

Lolita Harper

COSTA MESA -- The lawsuit that single-footedly brought a halt to the

57-year tradition of the Fish Fry will have its day in court next month.

Mike Scheafer, the president of the Costa Mesa Newport Harbor Lions

Club, said Lions Club and Coast Community College District lawyers will

face off in a Santa Ana courtroom to argue who should be liable for an

Irvine woman’s ankle injury. The court date is set for 8 a.m. May 13 in

Orange County Superior Court.

In the summer of 2000, the Fish Fry was held on the Orange Coast

College campus because its traditional site, Lions Park, was under

construction. It was at that time that Arlene Wolff stepped off a campus

curb and hurt her ankle. Wolff was on campus for a computer exhibit but

filed a verified claim that she also attended the Fish Fry.

Wolff sued Orange Coast College in 2001 for $80,000, and the college

filed a cross complaint against the Lions Club, asking the club to share

in the $80,000 liability.

Wolff, 53, could not be reached for comment, and her attorney, Barry

Binder, did not return calls Tuesday.

Milford Dahl, an attorney for the Coast Community College District,

said the issue is not necessarily the dispute between the district and

the Lions Club but a lack of adequate insurance coverage.

Dahl said the contract allowing use of district property for the Fish

Fry clearly outlined that the college be covered under the Lions Club

insurance in return for use of the campus. Regardless of liability, the

reason for insurance is to safeguard against claims, Dahl said.

When Wolff filed her claim, the club’s insurance carrier refused to

cover it.

“Unfortunately, the insurance company stiffed us both by refusing to

acknowledge that we are covered under the club’s insurance,” Dahl said.

The Lions Club’s lawyers say Wolff’s injury doesn’t qualify for

coverage, Scheafer said.

“Our attorney has decided no. We’re going to let the court decide

whether we are liable,” Scheafer said.

Scheafer has been in the insurance business himself for 30 years and

said he has never seen a passing of the blame like this.

“If the Lions thought we were really responsible or something we had

done caused this lady to be hurt, we would accept the liability,”

Scheafer said. “I’m not a rocket scientist, but common sense would say we

couldn’t have done anything to that curb, so why would we be responsible

for it?”

The college district carries its own insurance, but when outside

affiliations use the property it increases the district’s exposure to

possible injury claims, Dahl said. When too many claims are filed,

insurance costs go up and that cost is transferred to the taxpayer, he

said.

“We recognize that this is a community campus and want to make it

available to everyone as long as they assume the responsibility,” Dahl

said.

The lawsuit prompted the Lions Club to avoid the college as the Fish

Fry’s location, and because they were unable to find a suitable venue on

such short notice, last year’s event was canceled.

The traditional feast of battered Icelandic cod is scheduled to make a

comeback this summer, but in a smaller way.

Preliminary plans for a scaled-down event call for the customary fish

dinner with some craft booths as entertainment -- a stark contrast to the

heyday of the Fish Fry, which included a carnival, beauty pageant and

parade.

* Lolita Harper covers Costa Mesa. She may be reached at (949)

574-4275 or by e-mail at o7 lolita.harper@latimes.comf7 .