Glendale YMCA slapped with wrongful death lawsuit in man’s fatal fall from rooftop
Employee negligence and a drug-laced brownie may have led a 23-year-old man to fall to his death from the roof of the Glendale YMCA in 2016, according to a lawsuit filed by his parents this week.
Abel Montes Jr. fatally fell from the top of the YMCA’s Louise Street housing unit in the early morning of Jan. 1, 2016. His parents, Abel Montes Sr. and Angela Reisner, are seeking unspecified damages from the organization.
The younger Montes unknowingly consumed a brownie that “contained an intoxicating substance, possibly cannabis,” before arriving after 2 a.m. at the YMCA where he was a resident, according to the lawsuit. The suit also claims he told an employee at the housing unit that he felt unwell, high and was in some kind of danger.
The YMCA has a policy prohibiting residents from entering the unit if they’re under the influence of an intoxicating substance, according to the suit. Montes was allowed entry despite telling an employee he was high.
“[The YMCA] affirmatively agreed to supervise [Montes] on this date,” according to the suit. “However…they were negligent in their efforts and, at times, they failed to actually supervise [Montes] despite their representations they would do so.”
George Saikali, chief executive of the Glendale YMCA, said employees did offer to get help for Montes but he declined and went to his room.
“He said no, that he was going to sleep it off,” Saikali said.
At that point, the YMCA had no legal authority to do anything since Montes was an adult, according to Saikali.
Between 4:30 and 6 a.m., Montes made his way to the roof of the housing unit, from which he then fell onto the street. He was transported to a nearby hospital where he was pronounced dead sometime after 7 a.m., according to the suit.
The suit states the unit’s rooftop was widely used by residents of the unit and was a touted benefit by YMCA employees. However, it was a dangerous feature that violated city and state building codes with “slippery, brittle, broken and unstable Spanish tile.”
“This area of the roof has no walkways, railings, guardrails or protective barriers of any sort,” the suit states.
Saikali disputed this, saying the YMCA has not violated any building codes in regards to its roof. Locking access would create a fire hazard because the residential building has multiple stories and people would need a way to escape in the event of an emergency, he said.
There have been no other incidents involving the roof, before or since Montes’ death, according to Saikali.
He also said it is not the first time the organization has been sued by Montes’ family over his death and that this is the third attempt.
Court records show at least one previous suit filed against the YMCA by Montes’ family on June 30, 2016.
“If someone, an adult, refuses help…what can you really do?” Saikali said. “All of us were devastated when it took place but there was nothing we could about it.”
Twitter: @Andy_Truc
