A tragic accident involving a UCLA student has led to a lawsuit against the governing board of the University of California, highlighting potential safety issues in student housing. On July 23, 2024, Lou Baya Ould Rouis and her father Ali Ould Rouis filed a complaint in the Los Angeles County Superior Court against The Regents of the University of California.
The case revolves around an incident that occurred when Lou Baya, an incoming first-year student at UCLA, fell while climbing down from the top bunk bed in her dorm room. The fall resulted in severe injuries, including a back injury and eye damage from shattered eyeglasses. The plaintiffs allege that the university's negligence and failure to provide safe housing conditions were directly responsible for these injuries. According to the complaint, "UCLA failed to provide a ladder for the bunk bed," and the improper assembly of the bunk bed with unevenly spaced bars contributed to Lou Baya's fall. Additionally, they argue that overcrowded furniture in the dorm room impeded safe access to and from the top bunk.
The Regents moved for summary judgment, arguing that as a matter of law, the absence of a separate ladder did not constitute a dangerous condition under Government Code section 8352. They contended that there was no evidence suggesting similar incidents had occurred in the past decade due to this issue. However, on appeal, it was argued that The Regents' motion did not address all theories of liability presented by the plaintiffs. Specifically, it failed to consider allegations regarding uneven wooden bars on the bed and overcrowded furniture impeding safe access.
The court found merit in these arguments and concluded that summary adjudication should not have been granted on several claims. While it upheld summary adjudication on claims for intentional infliction of emotional distress and breach of implied contract, it reversed decisions regarding negligence and breach of contract claims. The court noted that "the allegations provided sufficient notice" regarding uneven bars and overcrowding issues which were not negated by The Regents' motion.
The plaintiffs are seeking damages for negligence, intentional infliction of emotional distress, breach of contract, breach of implied contract, and breach of covenant of good faith and fair dealing. They aim to hold The Regents accountable for failing to ensure safe living conditions as promised in their housing contract.
Representing Lou Baya Ould Rouis and Ali Ould Rouis are attorneys Kevin Mirch and Marie C. Mirch from Mirch Law Firm. Defending The Regents are Jeremy B. Rosen and Andrew G. Spore from Horvitz & Levy along with Alaleh T. Khosrowpour and Geoffrey M. Hersch from O’Hagan Meyer. The case is presided over by Judge Laura A. Seigle under Case ID B316495.