Cook v. Wake County Hospital System, Inc.

482 S.E.2d 546, 125 N.C. App. 618, 1997 N.C. App. LEXIS 221
CourtCourt of Appeals of North Carolina
DecidedMarch 18, 1997
DocketCOA96-76
StatusPublished
Cited by27 cases

This text of 482 S.E.2d 546 (Cook v. Wake County Hospital System, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. Wake County Hospital System, Inc., 482 S.E.2d 546, 125 N.C. App. 618, 1997 N.C. App. LEXIS 221 (N.C. Ct. App. 1997).

Opinions

EAGLES, Judge.

We first consider whether the trial court erred in granting defendant’s motion for judgment pursuant to Rule 50(b)(1) of the North Carolina Rules of Civil Procedure.

A motion for judgment pursuant to Rule 50(b)(1) is essentially a renewal of an earlier motion for a directed verdict. Bryant v. Nationwide Mut. Fire Ins. Co., 313 N.C. 362, 368, 329 S.E.2d 333, 337 (1985). By making such a motion, the moving party asks that judgment be entered in accordance with the previous motion for directed verdict, notwithstanding any contrary verdict, or lack thereof, rendered by the jury. Summey v. Cauthen, 283 N.C. 640, 648, 197 S.E.2d 549, 554 (1973). The test for determining the sufficiency of the evidence when ruling on a motion for judgment is identical to that applied when ruling on a motion for directed verdict. Id. at 646, 197 S.E.2d at 553.

[621]*621In ruling on a Rule 50(b)(1) motion, the trial court must consider the evidence in the light most favorable to the nonmoving party, giving it the benefit of all reasonable inferences to be drawn therefrom, resolving all conflicts in the evidence in its favor. Smith v. Price, 315 N.C. 523, 527, 340 S.E.2d 408, 411 (1986). The heavy burden carried by the movant is particularly significant in cases such as the one before us, in which the principal issue is negligence. Only in exceptional cases is it proper to enter a directed verdict against a plaintiff in a negligence case. Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 473, 251 S.E.2d 419, 423 (1979). Issues arising in negligence cases are ordinarily not susceptible to summary adjudication because application of the prudent person test, or any other applicable standard of care, is generally for the jury. King v. Allred, 309 N.C. 113, 115, 305 S.E.2d 554, 553 (1983), appeal after remand, 76 N.C. App. 427, 333 S.E.2d 758 (1985), disc. review denied, 315 N.C. 184, 337 S.E.2d 857 (1986).

Thus, in order to survive defendant’s motion for judgment, plaintiffs were obligated to present evidence at trial setting forth a prima facie case of negligence, i.e., that defendant owed plaintiff Cook a duty of care, that defendant’s conduct breached that duty, that the breach was the actual and proximate cause of plaintiffs’ injury, and that damages resulted from the injury. Lamm v. Bissette Realty, Inc., 327 N.C. 412, 416, 395 S.E.2d 112, 115 (1990).

Plaintiff Cook was an invitee on defendant’s premises because of his status as a doctor with privileges at the hospital: A status bestowing mutual economic benefit to him and the hospital. See Morgan v. Great Atlantic and Pacific Tea Co., 266 N.C. 221, 226, 145 S.E.2d 877, 881 (1966). Because Cook was an invitee, the hospital had a duty to keep the SICU entrances in a reasonably safe condition for invitees entering or leaving the premises. Lamm v. Bissette Realty, Inc., 327 N.C. at 416, 395 S.E.2d at 115. Additionally, defendant “ha[d] a duty to warn invitees of hidden dangers about which [defendant] knew or should have known.” Lamm, 327 N.C. at 416, 395 S.E.2d at 115.

Under our rules, an invitee cannot recover “unless he can show that the unsafe or dangerous condition had remained there for such length of time that the inviter knew, or by the exercise of reasonable care should have known, of its existence.” Long v. National Food Stores, Inc., 262 N.C. 57, 60, 136 S.E.2d 275, 278 (1964). As we have often stated, “the mere existence of a condition which causes an injury is not negligence per se, and the occurrence of the injury does [622]*622not raise a presumption of negligence.” Spell v. Mechanical Contractors, Inc., 261 N.C. 589, 592, 135 S.E.2d 544, 547 (1964).

In Smith v. Cochran, 124 N.C. App. 222, 476 S.E.2d 364 (1996), this Court reversed the decision of the trial court granting defendants summary judgment in a slip and fall case. In Smith there was conflicting testimony about who had mopped the floor where plaintiff fell, whether the floor was still wet, and whether there were any warning signs placed on the floor. The Smith Court resolved the conflicting testimony in favor of the plaintiff on the grounds that there was “ ‘at least a reasonable inference that defendant was negligent in creating a wet slippery condition and in failing to adequately warn plaintiff of the presence of the slippery floor.’ ” 124 N.C. App. at 224, 476 S.E.2d at 365-66 (quoting Rone v. Byrd Food Stores, 109 N.C. App. 666, 670, 428 S.E.2d 284, 286 (1993)).

Here there is also conflicting testimony about whether the'floor was wet, and whether defendant knew or should have known of the wet spot. Although Cook was knocked unconscious by the fall, Cook testified that almost immediately after he pushed open a set of solid double doors leading down the SICU hallway, he stepped and felt his foot slide; he looked down and saw “a wet streaking as if one can see when a floor is wet and slides something across it.” He further testified that while lying on the floor he saw a wet floor sign at his feet; the wet floor sign he saw was in the middle of the hallway, a few feet inside the solid double doors.

One defense witness testified that when she heard Cook yell, she ran to the doorway to the hall where she saw Cook’s body in mid-air and the wet floor sign sliding down the hallway. This circumstantial evidence corroborates Cook’s testimony concerning the location of the sign. Furthermore, because of the presence and location of the sign, this circumstantial evidence permits the inference that defendant had knowledge that the floor was wet. In addition, although an employee of defendant denied that she had mopped the floor in the hall where Cook fell, she admitted to mopping the floor in close proximity to where he fell shortly before the fall. While that same employee testified that her job is to mop the rooms of the hospital instead of the hallways, she admitted that she would at times mop the hallways when necessary.

Viewing the evidence in the light most favorable to plaintiffs, a reasonable trier of fact could conclude that Cook slipped on a wet floor, that defendant knew or should have known that the floor was [623]*623wet, and that the wet floor proximately caused plaintiffs to sustain injury. Any inconsistencies in the evidence should be decided by the jury. Accordingly, we conclude that the trial court erred in granting defendant a directed verdict.

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Bluebook (online)
482 S.E.2d 546, 125 N.C. App. 618, 1997 N.C. App. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-wake-county-hospital-system-inc-ncctapp-1997.