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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.

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