By Shauna Mecartea
Daily Bruin Senior Staff
Nearly two years after the death of a former UCLA student, the
Los Angeles Superior Court found a Westwood property-owning firm
guilty of negligence, when the apartment building failed to meet
acceptable building codes.
Kris Kutzke, 20, fell four stories to his death on July 17,
1999, after tripping over the tracking of a sliding glass door
while drinking at a party.
Last month, the jury found R.W. Selby & Co., owner of 527
Midvale and a number of other Westwood complexes, 25 percent guilty
in a civil case of causation in the accident because the apartment
did not comply with acceptable building codes.
Because California is a “comparative fault state,”
the jury can calculate the guilt percentage as they see fit,
affecting money distribution.
The court ordered Selby to pay $180,000 for “loss of love,
society and affection” to Kutzke’s family.
Selby & Co. declined to comment when contacted and its
attorney could not be reached.
Questioning the safety of the building, Joy Kutzke, Kris’
mother, urged city investigation of the apartment complex in
November 1999.
Upon investigation, city officials found that the balcony
guardrail Kutzke fell over measured 35 inches high ““ one inch
shy of the acceptable standard for non-public areas, according to
the Department of Building and Safety codes. Additionally, the
tracking of the sliding glass door measured 2.5 inches high, two
inches over the legal limit, according to city officials.
The City of Los Angeles Housing Department issued two orders for
Selby to comply after noting the breach from the area’s
uniform building codes.
Selby retrofitted the balcony and tracking to comply with the
standards, but only in that particular unit, according to Alvin
Gomez, the Kutzkes’ attorney.
“Kids should be in places that are as safe as can
be,” said Joy, who is trying to have 527 Midvale raise its
balcony guardrails to 42 inches, the minimum height required in the
common areas of the complex.
Gomez said that because the balcony is located on the exterior
of the building, it should be considered part of the common area,
making the minimum height 42 inches instead of the 36 inches
sanctioned for private areas.
While the Kutzkes and others say the accident occurred because
the apartment did not comply with building code standards,
according to Gomez, Selby said that Kutzke’s alcohol
consumption that night caused the accident.
Kutzke’s friends at the party said his drinking was under
control.
Regardless, prosecutors said the owners are aware of student
drinking and should take extra measures to ensure minimum safety
standards are implemented.
“I’m not a proponent of alcohol, but I understand
the reality of what goes on and so do the owners,” Joy
said.
“They should make sure standards are raised; they
don’t have the right to hide behind alcohol.”
Gomez said that Kutzke would not have fallen off the balcony if
it was at 42 inches, despite drinking that night, because his
center of gravity was around 38 to 40 inches.
“Anything that hits you lower than the center of your
gravity will cause you to bend in that spot,” Gomez said.
Because the jury cannot order Selby to raise their guardrails,
Joy said she is on a mission of her own.
She said she will push to have the complex and other apartment
buildings that house mostly students across the state retrofitted
to ensure safety, adding that this victory will aid her in the
process.
“We have a document (the trial summary) that indicates
there was negligence and causation on behalf of R.W. Selby,”
Joy said.
“What we did very clearly put them on notice.”
But Gomez said Selby & Co. is not compelled to fix anything
in the building unless further inspection proceeds.
“The jury only awards money,” Gomez said.
Joy said she hopes to spread her story nationally, to educate
the public about the many injuries and deaths that occur from
balcony falls. Raising the standards of building safety in college
areas is her long-term goal.
“(The verdict) will help me get to people who want to make
a difference and maybe save one person’s life,” she
said.