Teacher hit head on low overhang in school stairwell

In September 2007, plaintiff William Kelly, 42, was working as a teacher at Hawthorne High School in Los Angeles. Kelly, who is approximately 6-foot-4.5, was going down a stairwell from the teachers' lounge when he struck his head on an overhang soffit above the stairwell. The force caused him to drop to his knees in pain and confusion. He promptly advised school personnel and sought medical attention.

Kelly contended that the accident caused temporary post-concussive symptoms which resolved, and that the trauma caused disc and cervical damage requiring a two-level cervical fusion below a previous one-level fusion from more than 20 years prior.

Kelly sued F.H. Paschen and S.N. Nielsen Inc., the general contractor built the lounge; and Lynx Iron Corp., the concrete stairwell contractor and overhead structural steel installer. Kelly also sued but settled with the school district settled with the architect and project inspector for $560,000 before trial.

Plaintiff's counsel contended that the accident occurred because the stairwell was constructed in an unsafe manner (2.5 inches short) so that it lacked the necessary headroom clearance required by all industry standards, and that it violated the applicable building codes.

The defense contended that Kelly caused the accident by not being aware of his environment and each defendant at trial blamed the other for the deficient head room clearance.

The jury assigned liability as follows: Paschen and Nielsen, 75 percent; a subcontractor for which Paschen and Nielsen were liable, 15 percent; and Lynx, 10 percent. The jury awarded $1.6 million to recover damages in past and future medical expenses and past wage loss.

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