Western sued over brick maintenance

Students with mobility impairments also report issues with bricks

By Hailey Murphy

A former Aramark employee is suing Western as a result of injuries he says he sustained from a loose brick in Red Square, according to court records.

The employee, Donie Akins, was pushing a heavy trolley across Red Square in Jan. 2015 when his foot got caught on a loose brick and began to fall, according to a complaint filed in Whatcom County Superior Court on February 6.

Akins tried to stop the trolley’s forward momentum when his foot got caught on another brick. He twisted his body to stay upright, which caused a pop in his right hip, and sustained further injury to his low back when he fell to the ground.

Akins is suing Western on the grounds that bricks on campus aren’t well maintained.

“The injuries and damages hereinafter alleged were the direct and proximate result of negligence on the part of Western Washington University to maintain Red Square in a manner that was safe to walk upon and across,” the complaint claims.

The extent of the injury was unknown when the complaint was filed, but the injuries are believed to be permanent and disabling, according to the records. Akins will need to seek continual medical treatment.

Additionally, the record states Akins “has suffered a loss of earnings and a loss of earning capacity.” The total earnings lost, and the medical expenses paid, were also unknown.

Akins’ attorney, Matthew Daheim, didn’t respond to multiple phone calls left at his office.

Western has not yet filed in response to the suit. Paul Cocke, director of Communications and Marketing, said he doesn’t comment on pending litigation involving the university.

Outdoor Maintenance Supervisor Gary Hodge told The Western Front in January that each year his shop repairs and/or replaces over 1,000 of Western’s approximately 2 million bricks.

He said new materials are being used to reduce hazards.

“They are made of concrete which is much more durable than the existing clay pavers, are thicker and interlock, making them less susceptible to becoming a tripping hazard down the road,” he told the Front.

Dee Mooney, Disability Outreach Center coordinator, said they try to use cement walkways on campus whenever possible.

“[Loose and missing bricks] are tripping hazards regardless of whether you have a mobility limitation or not, so the fact that those are not always replaced right away when they need to be is definitely a concern,” Mooney said.

Kaylee Martig, a junior on the Disability Advocacy Committee, said she can’t walk over Western’s loose and uneven bricks.

“I wear AFOs, which are like plastic ankle braces,” Martig said. “I have no mobility in my ankles. I can’t move them. So it’s almost impossible to walk if there are missing or uneven bricks, if they’re sticking up, because it’ll just make my entire body tip rather than being able to use my ankles to compensate.”

Martig said she’s always careful when walking, especially in spring quarter when students tend to take bricks for painting.

Geology Department Chair Bernard Housen told the Front the main cause of brick tripping hazards is vehicles driving over the bricks, which he said damages the cushioning layer under the bricks.

“If we want to avoid this, we should not have Western vehicles driving all over the place,” he told the Front in an email.

No date is currently set for the lawsuit to be heard.

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