Carpenter v. Hartford Fire Ins. Co.

537 So. 2d 1283, 1989 WL 4335
CourtLouisiana Court of Appeal
DecidedJanuary 18, 1989
Docket20233-CA
StatusPublished
Cited by13 cases

This text of 537 So. 2d 1283 (Carpenter v. Hartford Fire Ins. Co.) 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
Carpenter v. Hartford Fire Ins. Co., 537 So. 2d 1283, 1989 WL 4335 (La. Ct. App. 1989).

Opinion

537 So.2d 1283 (1989)

Eva Murrell CARPENTER, Appellant-Appellee,
v.
HARTFORD FIRE INSURANCE COMPANY and Jasper Haddad d/b/a Haddad Maytag Home Appliance Center, Appellees-Appellants.

No. 20233-CA.

Court of Appeal of Louisiana, Second Circuit.

January 18, 1989.
Rehearing Denied February 16, 1989.

*1284 Theus, Grisham, Davis & Leigh by Ronald L. Davis, Jr., Dennis Hennen, Monroe, for plaintiff-appellant-appellee.

Hudson, Potts & Bernstein by Robert M. Baldwin, Monroe, for defendants-appellees-appellants.

Before HALL, MARVIN and JASPER E. JONES, JJ.

MARVIN, Judge.

In this action for damages that arose when a customer fell while exiting an appliance store, both litigants appeal the judgment which assessed plaintiff's fault at 85 percent and thereby reduced the $250,000 in damages determined by the trial court.

Plaintiff contends that she should be allocated no fault or little fault because the "stepdown" exit where she fell constituted a "trap" through which she had to pass to reach the store's parking lot. Plaintiff also seeks to increase general and special damages. The store owner contends the exit did not pose an unreasonable risk of harm to plaintiff in any respect and, in any event, that its fault was minimal and should be reduced to less than 15 percent.

We amend to reduce plaintiff's fault to 50 percent and increase damages for past nursing or sitter care from $10,000 to $27,000. We affirm the judgment as amended.

FACTS

After noon on May 17, 1985, the 71-year-old plaintiff, Mrs. Carpenter, shopped at the Haddad Appliance Center on Louisville Avenue in Monroe for a stove. This was her first visit to Haddad's recently acquired location on Louisville Avenue. She did not buy the stove she selected because she desired to first compare its dimensions with the available space in her kitchen.

As Mrs. Carpenter walked through the north-facing exit door into the bright sunlight, she was momentarily startled by a flash of light that was reflected off of a car traveling on Louisville Avenue. Failing to negotiate the concrete stepdown between the exit door and the sidewalk, she fell and fractured her right leg.

This sketch, in rough scale, depicts the storefront and Mrs. Carpenter's exit route:

*1285 Mrs. Carpenter intended to go to Haddad's customer parking lot east of the store. The step between the exit door and the sidewalk was 5-½ inches and was covered *1286 with red carpet, distinguishing it from both the tile floor of the store and the concrete outside. The storefront facing the sidewalk is plate glass.

After she fell, Mrs. Carpenter told two store employees that the sun had blinded her when she walked out and that she "missed the step." She acknowledged she was in a hurry to get home but not in such a hurry that she was not watching where she was going. Neither store employee saw her fall but one saw her raise her right arm toward the plate glass panel on her right after she had cleared the door and before she fell.

Mrs. Carpenter had worn glasses since having cataract surgery in 1970. She explained that her glasses caused things to look larger to her than they really were, but said she had learned to allow for this. She described her corrected vision as "good" and said she had no problem with depth perception.

Mrs. Carpenter alleged the carpet on the platform presented an unreasonable risk of harm, either because of a small tear near the exit door or because the edge of the carpet nearest the door was not flat or secured by a metal threshold. She alleged alternatively that the one-step platform was hazardous and constituted a defect in the design of the store's exit.

The trial court found that the carpet was not raised or torn but that the exit was defectively designed because it directed customers to the right and required descent at an angle, rather than in a straight line to the sidewalk. The court found that this traffic pattern and Mrs. Carpenter's fall could have been prevented if there had been a handrail to direct an exiting customer in a straight line to the sidewalk and to prevent the customer from walking at an angle toward the northeast corner of the platform.

COMPARATIVE FAULT

The respective duty of each litigant is settled. A store owner must provide customers with passageways that can be negotiated safely with the exercise of ordinary care. A customer must exercise ordinary care for her own safety while on the premises. See Williams v. Aetna Ins. Co., 402 So.2d 192 (La.App. 1st Cir.1981).

The trial court must determine and apportion fault based on factual findings as to the reasonableness of each party's conduct and on the causal connection between that conduct and the injury. We do not disturb factual findings of the trial court unless we can articulate why they are clearly wrong. Watson v. State Farm Fire and Cas. Ins. Co., 469 So.2d 967 (La. 1985); Towns v. Georgia Cas. & Sur. Co., 459 So.2d 124 (La.App. 2d Cir.1984).

The trial court heard conflicting expert opinions whether angled customer traffic across the one-step platform at the store's exit was safe. Michael Frenzell, a safety consultant with expertise in slip, trip, and fall accidents, testified that ramps are favored over steps to accommodate changes in elevation of less than 21 inches because slight changes in depth are difficult to perceive. He admitted there was good color contrast between the platform and the surrounding concrete but opined that the step down could still be easily missed because the difference in elevation between the platform and the sidewalk was "only" 5½ inches. He described and demonstrated with photographs that the step is more noticeable for a customer approaching the platform to enter the store than it is for a customer exiting the store.

Frenzell also explained that the entering customer has more time and space to adjust his or her gait to accommodate the step than the exiting customer has. When the customer opens the exit door, the platform edge parallel to Louisville Avenue is only two inches beyond the edge of the fully opened door. Customers tend to veer to the right and away from the door, as shown by wear marks in the carpet, but are afforded only about 31 inches to walk to the narrow edge of the platform on the right. Frenzell said the angular configuration of the storefront also encourages exiting customers to step off the platform to the right instead of moving straight ahead.

*1287 According to Frenzell, descent from the platform at an oblique angle requires greater attention and coordination of a customer than does descent in a line perpendicular to the doorway. He considered the possibility that exiting customers would be confronted with bright sunlight or distracted by traffic on Louisville Avenue to be a factor in the safety of the exit design.

Frenzell opined that the one-step platform made the exit route unsafe because of the combined difficulties of perceiving the slight depth change and of adjusting one's gait to accommodate the stepdown before reaching the edge of the platform. As a remedy, he suggested that handrails or large planters could be placed to direct customers to walk at a right angle and not obliquely, or that enlarging the concrete stepdown would provide exiting customers more options for and control over their descent.

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

Related

Review Panel v. Bernice Rehab. Hosp.
870 So. 2d 467 (Louisiana Court of Appeal, 2004)
Ganucheau v. Winn Dixie LA., Inc.
746 So. 2d 812 (Louisiana Court of Appeal, 1999)
Clement v. Frey
666 So. 2d 607 (Supreme Court of Louisiana, 1996)
Breaux v. Wal-Mart Stores, Inc.
635 So. 2d 667 (Louisiana Court of Appeal, 1994)
Edwards v. St. Francis Medical Center
623 So. 2d 1387 (Louisiana Court of Appeal, 1993)
Bower v. Schumpert Medical Center
618 So. 2d 600 (Louisiana Court of Appeal, 1993)
Bergeron v. Wal-Mart Stores, Inc.
617 So. 2d 179 (Louisiana Court of Appeal, 1993)
Roberts v. State ex rel. Department of Transportation & Development
576 So. 2d 85 (Louisiana Court of Appeal, 1991)
Roberts v. STATE, DEPT. OF TRANSP.
576 So. 2d 85 (Louisiana Court of Appeal, 1991)
Boue v. Loomis Armored, Inc.
575 So. 2d 527 (Louisiana Court of Appeal, 1991)
Barnes v. New Hampshire Ins. Co.
573 So. 2d 628 (Louisiana Court of Appeal, 1991)
Winford Co. v. Webster Gravel & Asphalt
571 So. 2d 802 (Louisiana Court of Appeal, 1990)
Baldwin v. Kuhl
554 So. 2d 193 (Louisiana Court of Appeal, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
537 So. 2d 1283, 1989 WL 4335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-v-hartford-fire-ins-co-lactapp-1989.