Anmac Foundation v. St. Patrick Hosp.

594 So. 2d 951, 1992 WL 24942
CourtLouisiana Court of Appeal
DecidedFebruary 12, 1992
Docket90-812
StatusPublished
Cited by26 cases

This text of 594 So. 2d 951 (Anmac Foundation v. St. Patrick Hosp.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anmac Foundation v. St. Patrick Hosp., 594 So. 2d 951, 1992 WL 24942 (La. Ct. App. 1992).

Opinion

594 So.2d 951 (1992)

The ANMAC FOUNDATION INC., Plaintiff-Appellee,
v.
ST. PATRICK HOSPITAL OF LAKE CHARLES.
Elliot BUSHNELL
v.
ST. PATRICK HOSPITAL, Defendant-Appellant.

No. 90-812.

Court of Appeal of Louisiana, Third Circuit.

February 12, 1992.

*952 Steven C. McGinity, Lake Charles, for plaintiff-appellee ANMAC.

Cynthia Guillory, Lake Charles, for plaintiff-appellee Bushnell.

Stockwell, Sievert, Viccellio, Clements & Shaddock, Robert Clements, Lake Charles, for defendant-appellant St. Patrick Hosp.

Before DOUCET, YELVERTON and KNOLL, JJ.

KNOLL, Judge.

St. Patrick Hospital appeals a trial court verdict which found it liable for damages Elliot Bushnell received when he slipped and fell in the hospital. A jury determined Bushnell's claim against St. Patrick, and the trial judge adjudicated the claim of the ANMAC Foundation, Bushnell's employer, for reimbursement of worker's compensation and medical benefits. The jury awarded Bushnell $90,000 damages, and the trial judge granted judgment in favor of Bushnell's employer, the ANMAC Foundation, awarding it reimbursement of $26,675.81 from Bushnell's damage award for worker's compensation benefits it paid.

St. Patrick appeals, contending that: (1) the jury and the trial judge erred in concluding that the hospital was guilty of negligence which was a proximate cause of the accident; and, (2) that the jury awarded an excessive amount of damages.

FACTS

ANMAC is a foundation which provides patient services to severely disabled individuals. In connection with this activity, *953 ANMAC employed Bushnell to transport these patients to tutoring sites. St. Patrick Hospital provided office space for ANMAC's staff to tutor individuals brought for training.

Shortly before nine o'clock a.m. on October 3, 1986, Bushnell transported a patient to ANMAC's office at St. Patrick. After leaving the patient at the ANMAC office, Bushnell exited, and slipped and fell as he walked down the hallway of St. Patrick, striking his leg against the metal doorjamb as he fell.

Bushnell was treated in the emergency room of St. Patrick shortly after the fall for a laceration to his shin. Later that same day, Bushnell returned to the emergency room and complained of lower back pain. At the time of trial, Bushnell had not returned to work because of neck and back pain.

SLIP AND FALL: MANIFEST ERROR

St. Patrick first contends that the jury and the trial judge were manifestly erroneous in their determination that the hospital was at fault and that this fault was the legal cause of Bushnell's injuries.

Under Louisiana law when a plaintiff proves he slipped and fell in a hospital on a foreign substance or on a wet, damp or slippery floor, the burden shifts to the defendant to exculpate itself from the presumption that it was negligent. Scott v. Hosp. Service Dist. No. 1, 484 So.2d 168 (La.App. 5th Cir.1986), reversed on other grounds, 496 So.2d 270 (La.1986). The hospital must establish that it was free from fault and that it exercised reasonable care to protect visitors from foreign substances on the floor. Id. A hospital has a duty to exercise reasonable care to protect those who enter the premises. This duty extends to keeping the premises safe from unreasonable risks of harm and to adequately warn potential victims of the existence of the danger. Perkins v. Springhill General Hospital, 278 So.2d 900 (La.App. 2d Cir.1973); Bordelon v. Southern La. Health Care Corp., 467 So.2d 167 (La.App. 3rd Cir.1985), writ denied 469 So.2d 989 (La.1985).

In the case sub judice, because of the consolidation of Bushnell's claim for damages with ANMAC's action for reimbursement, the jury and the trial judge were both triers of fact. The trier of fact must evaluate the credibility of witnesses and make factual determinations. Where its finding is not manifestly erroneous, the appellate court may not disturb it even though its evaluation may be equally reasonable. Carollo v. Shoney's Big Boy Enterprises, 433 So.2d 803 (La.App. 5th Cir. 1983), writ denied 441 So.2d 213 (La.1983).

St. Patrick first argues that Bushnell staged his fall. In making this assertion, St. Patrick relies on Bushnell's alleged inconsistent assertions regarding the origin of the dampness on the hallway floor. St. Patrick states that Bushnell thought at one point that the dampness originated from a leak in pipes located in the ceiling, and later that the source of the dampness was a spill on the floor. Without going into detail of this argument, we note that the jurisprudence places no burden on the claimant to show how the foreign substance got on the floor, only that a foreign substance was on the floor. Accordingly, we find no merit to St. Patrick's argument, and proceed to analyze the fact finders' determination that a foreign substance or a wet, damp or slippery hospital floor caused Bushnell to fall and injure himself.

St. Patrick next argues that Bushnell provided no corroborating evidence that a foreign substance was on the floor where he fell.

The record shows that at approximately the same time that Bushnell arrived at St. Patrick, the maintenance crew leader of the hospital staff on duty, Shirley Jean, received a call from another employee, reporting a liquid spill in the hallway outside the ANMAC office at the hospital. When she was unable to get assistance, Jean testified that she got a mop, dampened it, and proceeded to the spill. She did not bring a bucket or wet floor signs with her.

Jean stated that she found approximately eight small puddles of a greenish-brown jellied substance on the hallway floor, but that none were located at the corridor door; each puddle was more or less the size of a *954 half-dollar. She said that she used the wet mop to wipe the puddles she saw, and carried the mop with the jellied substance on it up to the corridor where Bushnell fell. After she saw no other spills, she retraced her steps and returned by elevator to her office.

Bushnell stated that when he walked to the ANMAC office, he saw no one in the hallway. He said that when he brought the patient into the ANMAC office, he chatted for a few minutes with the ANMAC employees and proceeded to return to his van. However, he said that when he got to the corridor door he slipped and hit the doorjamb and then the floor. After he struck the floor, he looked down the hallway and saw a woman walking away with a mop in her hand. Although he stated that he called out to her, the woman with the mop proceeded onto the elevator. Bushnell further said that he then felt the floor and his clothes, and found them both damp.

After reading the record, it is evident that the fact finders were presented with conflicting testimony on the threshhold issue of whether a foreign substance or a wet, damp or slippery floor existed where Bushnell fell. Where there is conflict in testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Lirette v. State Farm Ins. Co., 563 So.2d 850 (La.1990).

St. Patrick stresses that although there was a conflict in the testimony, the fact finders should have been swayed by the testimony of Glenda Finkley and Jill Leger, Bushnell's co-employees at the ANMAC office at St. Patrick. At trial they testified that they found no moisture on the floor where Bushnell fell.

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Bluebook (online)
594 So. 2d 951, 1992 WL 24942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anmac-foundation-v-st-patrick-hosp-lactapp-1992.