Case details

Inadequate barriers caused fall from quarry cliff, student argued

SUMMARY

$317510.4

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
ankle, chest, closed head injury, face, facial, fracture, head, leg, nose, rib elbow
FACTS
On March 5, 2008, at approximately 10:15 p.m., plaintiff David Dines, 19, a student at the University of California at Santa Cruz, went to a party at the Upper Quarry Amphitheater, which is adjacent to an abandoned limestone quarry on the campus. There was drinking and a bonfire at the party. At around midnight, UCSC police officers arrived on the scene and the partygoers dispersed. In order to avoid the police officers, Dines exited the Upper Quarry Amphitheater between a gap in a mesh fence and a railing at the back of the amphitheater. He then traveled a short distance down a path before falling off an over 25-foot cliff into the quarry. Dines sustained to his head, face, ribs, left lung, and left ankle and leg. Dines sued the Regents of the University of California, alleging the defendant failed to properly warn of the quarry, creating a dangerous condition of public property under California Government Code § 835. Plaintiff’s counsel contended that the area from which Dines exited the Upper Quarry Amphitheater constituted a dangerous condition of public property because there were no protective barriers or signage indicating that there was a large drop from the quarry edge. Counsel also contended that the UCSC police officers improperly disbursed the group of students and directed them to an area that was unsafely maintained by the UCSC. In addition, plaintiff’s counsel contended that the area lacked adequate safety protections. The Regents argued that it was immune from liability because the cause of the accident was a natural condition of public property. It also argued that the property did not constitute a dangerous condition. The Regents contended the Upper Quarry Amphitheater had been closed to the public since September 2006, and that signs were posted at the main entrances of the amphitheater warning that it was closed at the time of the accident. It also contended that Dines was intoxicated and was trying to flee UCSC police officers. The Regents further contended that Dines did not exercise due care and, therefore, was at least partly responsible for the harm he sustained. In response, plaintiff’s counsel argued that even though the amphitheater was closed, the Student Handbook encouraged students to still use the amphitheater and that UCSC was aware of such use. Counsel also argued that the defense’s claim that Dines was intoxicated was not supported by the medical records., Dines sustained multiple left ankle and foot fractures, a closed head injury, facial bone fractures to the eyes and nose, multiple left rib fractures, and a collapsed lung. He was subsequently airlifted to Stanford Hospital, where he was admitted for four days and then spent months in physical therapy. Dines ultimately returned to classes the following fall semester and graduated in 2011. However, the plaintiff’s orthopedic expert stated that Dines would likely require future orthopedic care, including an ankle fusion or ankle replacement surgery. The defense’s orthopedic expert argued that Dines would not require future orthopedic treatment for his .
COURT
Superior Court of Alameda County, Oakland, CA

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