Bartley v. Educational Training Systems, Inc.

134 S.W.3d 612, 2004 Ky. LEXIS 113, 2004 WL 1123775
CourtKentucky Supreme Court
DecidedMay 20, 2004
Docket2002-SC-0476-DG
StatusPublished
Cited by14 cases

This text of 134 S.W.3d 612 (Bartley v. Educational Training Systems, Inc.) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bartley v. Educational Training Systems, Inc., 134 S.W.3d 612, 2004 Ky. LEXIS 113, 2004 WL 1123775 (Ky. 2004).

Opinions

Opinion of the Court by

Justice GRAVES.

This appeal arises from a summary judgment granted by the Fayette Circuit Court to Appellee Educational Training Systems, Inc., d/b/a A-Pass Weikel Real Estate School (hereinafter “ETS”), on Appellant Geneva C. Bartley’s claim for damages from injuries she sustained after tripping on a carpet remnant used as a floor runner at the school. The Court of Appeals, in a 2-1 decision, affirmed the trial court. We thereafter granted discretionary review. We reverse the decision of the Court of Appeals and remand this matter to the trial court for further proceedings.

Bartley, who attended real estate classes conducted by ETS, tripped and fell while traversing the school’s main classroom. In her deposition, Bartley testified that following class, she gathered her books and book bag, then turned to leave. From her seat near the center aisle, Bartley took one step with her right foot, but when she tried to take a second step, her left foot became caught underneath “something,” pitching her body forward and onto the floor. Bartley looked back and noticed a “big wrinkle” in a piece of carpet, a “runner like thing” that lay in the aisleway.

A more complete description of the carpet runner is found in Bartley’s answers to interrogatories:

There was a piece of carpet laying on top of the carpet down the [ajisle. The carpet was off of the same carpet the floor was done in. It did not show up or stand out. It didn’t have a binder around the edges, it was not secured to the floor in any way. There was tables and chairs on both sides of the runner. The tables may have hung out over the edges of the runner. If you didn’t have a reason to notice the runner, you probably wouldn’t.

Don Gaines, the ETS instructor who was present when Bartley fell, provided similar testimony regarding the floor covering in the classroom. Gaines testified that a rectangular “piece of carpet” lay near where Bartley fell. Unbound at the edges, the piece matched the underlying wall-to-[614]*614wall carpeting in color and style. It would have been reasonable for a fact finder to infer that it was camouflaged as it presented a false appearance of being part of the wall-to-wall carpeting. To the best of Gaines’ knowledge, this piece was a remnant, cut from extra material left over when the original carpeting was installed some five years earlier. This remnant was placed near a trash can at the back of the classroom, extended into the center aisle, and served to protect the wall-to-wall carpet from “sloppy students.”

Bartley argues that the Court of Appeals erred in affirming the trial court’s grant of summary judgment. In the trial court’s opinion and order granting summary judgment, the trial judge concluded that as a matter of law, “merely using carpet runners does not, by itself, create an unsafe condition.” With this proposition, the Court of Appeals agreed. While no Kentucky case deals specifically with this issue, the Court of Appeals looked to decisions from other jurisdictions for persuasive reasoning.

For example, in Robinson v. Southwestern Bell Telephone Co., 26 Ill.App.2d 139, 167 N.E.2d 793 (1960), discussed by the Court of Appeals, a business invitee fell after stepping on a rubber safety mat placed outside a doorway. After noting that no evidence revealed any damaged or defective condition in the mat, the Illinois court held that the “use of ordinary floor mats to assist pedestrians is perfectly reasonable, and the fact that a person trips on one of them is no evidence of negligence.” Id. at 796.

Likewise, in Seideneck v. Cal Bayreuther Associates, 461 S.W.2d 752 (Tex.1970), also relied upon by the Court of Appeals, a business invitee fell after catching 'the heel of her shoe in the defendant’s throw rug. The Texas Supreme Court, in upholding the grant of summary judgment against the plaintiff, noted that no evidence suggested that the throw rug was of unusual type or construction, or that its placement in the shop suggested any unreasonable risk of harm. Id. at 754.

Not all cases involving trip and falls over rugs and floor mats, however, excuse liability. In contrast to Robinson and Seideneck, supra, the Supreme Court of Minnesota found sufficient evidence to create a jury question regarding negligence in Gray v. First National Bank of Crosby, 250 Minn. 539, 85 N.W.2d 668 (1957). In Gray, a seventy-five year old plaintiff fell as she exited the defendant’s bank, stepping on a mat constructed from small pieces of rubber cut from used car tires. The court held that “while the evidence in this case is not strong, we are convinced that it was for the jury to say whether the placing of this mat on a step, such as we have here, met the duty required of the bank for the protection of its customers.” Id. at 670-671.

Similarly, in Wood v. Tri-States Theater Corp., 237 Iowa 799, 23 N.W.2d 843 (Iowa 1946), the Iowa Supreme Court ruled in favor of a plaintiff moviegoer who tripped over a heavy mat made of “chunks of leather” held together by steel wires. Id. at 845. After analyzing the size, shape and materials of the mat in question, the court opined that “under the particular circumstances shown, it may fairly be concluded that plaintiff was unnecessarily or unreasonably exposed to danger.” Id. at 846.

Under common law principles of negligence, a possessor of land may be subject to liability for failing to protect his or her invitees against dangerous conditions involving unreasonable risks of harm. See Restatement (Second) of Torts § 343 (1965).

[615]*615The occupier is not an insurer of the safety of invitees, and his duty is only to exercise reasonable care for their protection. But the obligation of reasonable care is a full one, applicable in all respects, and extending to everything that threatens the invitee with an unreasonable risk of harm.

William Prosser and W. Page Keeton, Prosser and Keeton on Torts, § 61 (5th ed.1984).

In the present matter, we find the Court of Appeals erred by holding that Bartley “failed in her burden of showing that the carpet remnant created a ‘dangerous’ or ‘unsafe’ condition,” as well as by affirming the trial court’s determination that ETS be absolved of negligence as a matter of law. Ample evidence suggested that the piece of carpet over which Bartley fell was not a specially designed and produced carpet runner for commercial use. Apparently, it was only a carpet remnant left over from the wall-to-wall carpeting. In addition, Bartley averred, and the trial court accepted as fact, that a carpet expert would testify at trial regarding the dangerous condition created by this type of carpet runner, in this particular case because the runner lacked proper edging and backing material.

From the evidence in the record, a reasonable inference can be drawn that the carpet runner constituted an unsafe condition on the ETS premises, an inference which in our view should have precluded the entry of summary judgment in this case.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Erika Boyd v. Tates Creek Crossings
Court of Appeals of Kentucky, 2024
Jolean Fugate v. Walmart Inc.
Court of Appeals of Kentucky, 2022
Johnson v. Wal-Mart Stores East, LP
169 F. Supp. 3d 700 (E.D. Kentucky, 2016)
James Denney v. Steak N Shake Operations, Inc.
559 F. App'x 485 (Sixth Circuit, 2014)
Shelton v. Kentucky Easter Seals Society, Inc.
413 S.W.3d 901 (Kentucky Supreme Court, 2013)
Brewster v. Colgate-Palmolive Co.
279 S.W.3d 142 (Kentucky Supreme Court, 2009)
Horne v. Precision Cars of Lexington, Inc.
170 S.W.3d 364 (Kentucky Supreme Court, 2005)
Bartley v. Educational Training Systems, Inc.
134 S.W.3d 612 (Kentucky Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
134 S.W.3d 612, 2004 Ky. LEXIS 113, 2004 WL 1123775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartley-v-educational-training-systems-inc-ky-2004.