Student falls through ceiling tile: Dangerous condition: Lack of warnings: Ankle fracture: Settlement

Law Reporter, Oct 2004

Ramirez v. Center for Employment Training, Cal., San Diego County Super. Ct., No. GIS 816044, May 1, 2004.

Ramirez, 45, was helping to dismantle an office at a vocational school where she was a student. She was on top of die office looking for wires above its ceiling. Thinking that the ceiling also served as a load-bearing floor, she stepped on a ceiling tile, which collapsed under her weight. She fell about 10 feet, suffering a fractured ankle that required surgery. Her past medical expenses were about $140,000, and her future medical expenses are estimated at between $10,000 and $20,000.

Ramirez sued the center, alleging that the area above the ceiling was in a dangerous condition and lacked appropriate warnings. Plaintiff, who was unemployed at the time, did not claim lost income.

Defendant contended plaintiff should have known of the risk and that she ignored safety warnings.

The parties settled during mediation for $850,000.

Plaintiff's experts included Carl Beels, human factors, Escondido, CaL; William Tontz, orthopedic surgery, San Diego, CaL; Peter Formuzis, forensic economics, Santa Ana, CaL; Paula Geary, Spanish interpreting, San Diego, CaL; and Craig Cunningham, education, Van Nuys, CaI.

Defendant's expert was Gregory Bohart, medicine, San Diego, CaL

Plaintiff's Counsel

*Otto L. Haselhoff, Santa Monica, CaI.

Guy Levy, San Diego, CaL