Council candidate Ramos sues city contractor

Costa Mesa City Council candidate Lee Ramos is suing a city construction contractor, alleging that the company’s negligent work in front of his Eastside home caused him to fall and sustain permanent injury.

The lawsuit, which will be reviewed Oct. 27 in Orange County Superior Court, contends that Black Rock Construction Co. created a “dangerous condition” on Ramos’ front lawn while doing work in 2013 on the city’s gutters, sidewalks and curbs.

To accomplish the task, the Brea-based company had to remove materials in front of Ramos’ Aliso Avenue home and, as a result, his lawn contained chunks of concrete, tree roots, sprinkler piping, rocks, sod and other debris, according to the lawsuit.

In April 2013, according to the complaint, Ramos was outside talking to a Black Rock employee or agent because the firm was going to repair damages to Ramos’ sprinkler system.

Ramos, while attempting to show the employee the sprinkler control valves, then “fell prey” to the lawn’s “dangerous condition” and slipped on some of the debris, the lawsuit alleges. Ramos fractured his wrist.

The lawsuit, filed in April, asserts that Ramos, 71, was “injured in his health, strength and activity, sustaining permanent bodily injury and damage and shock to his mental and nervous system” that continue to cause “great physical, emotional and mental pain and suffering.”

Black Rock’s attorney from Newport Beach-based McCarthy and Beavers has denied Ramos’ claim that the business created dangerous conditions, according to court documents filed in July.

Black Rock alleges that Ramos should have assumed any risk while traversing his lawn, and that the firm has no legal duty to protect Ramos from risk of harm. The firm, in its legal filing, contends that Ramos is acting unethically and in bad faith.

The attorneys also assert that the condition on Ramos’ lawn was “so open and obvious that plaintiff should have seen and avoided it in the exercise of ordinary care for [his] own health and safety under the circumstances.”

Ramos is suing for an unspecific amount, partially based on reimbursement of his medical bills, lawsuit and loss of potentially earned income.

Black Rock could not be reached for comment. Ramos deferred comment to his counsel, although they could not be reached for comment Monday.

Black Rock’s work for Costa Mesa in 2013 did involve some subcontractors, which helped expedite the project and complete it in a satisfactory manner, according to city spokesman Bill Lobdell.

In June, the council approved a $537,683 contract for Black Rock to reconstruct some alleys.

Ramos first declared his candidacy for council in November 2013, before the falling incident. He also serves on the Fairview Park Citizens Advisory Committee and was on the Charter Committee.