A $175,000 Settlement for Toilet Floor Failure

A retired man who loved to fish has won $175,000 for the injuries he suffered when the floor of a portable toilet at an angling spot in Anaheim collapsed, fracturing his hip and inflicting permanent injuries.

The settlement left Ralph Gross, 71, of Reseda “very happy,” although he now must walk with a cane, according to his lawyer, Dale M. Kornreich.

On June 21, 1985, Gross and two sons had gone to fish the Santa Ana River at a location on East La Palma Avenue operated by Irvine Boat & Tackle Inc. As Gross was leaving the toilet, the fiberglass floor collapsed, catching his foot and sending him lurching out the door.

He landed on his side, fracturing a hip, Kornreich said. A metal plate and pin were inserted in the hip to help it heal, but Gross’ movement has been permanently restricted, his lawsuit alleged.

During surgery, Gross developed a blood clot, which moved to his lung, briefly threatening his life, Kornreich said.

One of the defendants in the case at first denied any responsibility, claiming that Gross was “not properly toilet trained,” according to court documents.

Kornreich said the settlement involved insurers of four firms: Irvine Boat & Tackle, which paid $115,000; Monogram Industries, a Delaware corporation, which manufactured the toilet, $30,000; Nottingham Pacific Inc. of Long Beach, which sold the used toilet to Irvine Boat & Tackle, $20,000, and Kimstock Industries of Santa Ana, which supplied some of the toilet parts, $10,000.

Gross’ lawsuit, which was filed in Orange County Superior Court, claimed that the main cause of the accident was poor maintenance.