Crooks v. Southwest Louisiana Hospital Assoc.

97 So. 3d 671, 2012 La. App. LEXIS 1043, 2012 WL 3192610
CourtLouisiana Court of Appeal
DecidedAugust 8, 2012
DocketNo. 12-157
StatusPublished
Cited by4 cases

This text of 97 So. 3d 671 (Crooks v. Southwest Louisiana Hospital Assoc.) 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
Crooks v. Southwest Louisiana Hospital Assoc., 97 So. 3d 671, 2012 La. App. LEXIS 1043, 2012 WL 3192610 (La. Ct. App. 2012).

Opinion

SAUNDERS, Judge.

| ¡This is a personal injury case wherein the plaintiff contends that she suffered damages from a fall through a defective sofa bed at Lake Charles Memorial Hospital on December 21, 2002. The Defendant contends that the Plaintiff failed to carry her burden to prove that this accident occurred or, alternatively, that she was actually injured by falling through the sofa bed.

A jury trial was conducted. Prior to submitting the case to the jury, the trial judge granted a directed verdict, leaving the jury to award damages. After the jury awarded damages, the trial judge granted the plaintiffs motion for a judgment notwithstanding the verdict and increased the amount awarded to the plaintiff.

Defendants appeal. We reverse the trial judge’s directed verdict, find the record before us to be complete, conduct a de novo review of the record, and render judgment in favor of the plaintiff.

FACTS AND PROCEDURAL HISTORY:

On December 21, 2002, Judy Crooks (Crooks) was visiting her grandson, Shannon, at Lake Charles Memorial Hospital (LCMH) where he had been admitted to the pediatric ward. Mrs. Crooks alleges that she was injured when she fell through the mattress and frame of a foldout sofa bed in Shannon’s hospital room. Shannon’s mother, Cheranne Johnson, witnessed the alleged accident.

According to Crooks, she fell through the sofa bed because several springs were missing along the foot of the sofa bed. The purpose of these springs is to connect the underlying tarp to the frame. She contends that after being unfolded, the mattress laid across the frame and appeared to be properly supported, as it was held in place by a velcro strap. However, without the springs to hold the tarp to the frame, the velcro strap did not support her when she sat down. Thus, she fell through the sofa bed onto the ground and was injured.

| gAfter she fell through the sofa bed, Crooks reported the problem with the sofa bed to a nurse on duty who came into the room to see about Shannon. However, despite advising the nursing staff, no hospital personnel removed the sofa bed from the room during their stay. When Crooks left the hospital the next day, Crooks pushed the mattress outside the door to remind the hospital staff that the sofa bed was broken.

Crooks contends that she sustained injuries to her back in the fall through the sofa bed that ultimately required surgery. She brought a claim against LCMH alleging liability pursuant to La.Civ.Code art. 2317.1. A trial was held the week of May 16, 2011, which resulted in the trial court granting a directed verdict on the issues of liability, causation, and comparative fault. Thereafter, the matter was submitted to [674]*674the jury and the jury awarded $115,000.00 in past medical expenses but awarded no other damages. The trial court then granted Crooks’ motion for judgment notwithstanding the verdict and reduced the jury’s award of $115,000.00 to $70,000.00, awarded $12,000.00 in future medical expenses, $150,000.00 in past, present, and future physical pain and suffering, $15,000.00 in past, present, and future mental pain and anguish, and $30,000.00 in past, present, and future loss of enjoyment of life. Both Crooks and LCMH raised assignments of error on appeal.

LCMIl’S ASSIGNMENTS OF ERROR:

1. The trial court erred in granting directed verdicts as to the issues of liability, causation, and comparative fault.
2. The trial court erred in granting a judgment notwithstanding the verdict as to the issue of damages.
3. The trial court erred in failing to grant LCMH’s motion for new trial.
4. The trial court erred in failing to exclude the expert testimony of Michael Frenzel as to causation of the alleged injury.
|s5. The trial court erred in excluding numerous excerpts of the deposition testimony of Cheranne Johnson/failing to admit the entirety of Cher-anne Johnson’s deposition testimony.

CROOKS’ASSIGNMENT OF ERROR:

1. The trial court erred in reducing the award for past medical expenses.

ASSIGNMENT OF ERROR LCMH NUMBER ONE:

LCMH contends in its first assignment of error that the trial court erred in granting directed verdicts as to the issues of liability, causation, and comparative fault. We find merit to this contention.

Louisiana Code of Civil Procedure Article 1810 states:

A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict that is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury.

This court, in Hebert v. BellSouth Telecommunications, Inc., 01-223, pp. 4-5 (La.App. 3 Cir. 6/6/01), 787 So.2d 614, 617, writ denied, 01-1943 (La.10/26/01), 799 So.2d 1145, stated the following:

The applicable standard of review for [a motion for directed verdict] is found in Busby v. St. Paul Insurance Co., 95-2128, pp. 16-17 (La.App. 1 Cir. 5/10/96); 673 So.2d 320, 331, writ denied, 96-1519 (La.9/20/96); 679 So.2d 443, which states:
A trial court has much discretion in determining whether or not to grant a motion for directed verdict. New Orleans Property Development, Ltd. v. Aetna Casualty and Surety Company, 93-0692 (La.App. 1st Cir. 4/8/94); 642 So.2d 1312, 1315; Belle Pass Terminal, Inc. v. Jolin, Inc., 92-1544 and 92-1545 (La.App. 1st Cir. 3/11/94); 634 So.2d 466, 478, writ denied, 94-0906 (La.6/17/94); 638 So.2d 1094; Barnes v. Thames, 578 So.2d 1155, 1162 (La.App. 1st Cir.), writ denied, 577 So.2d 1009 (La.1991). A motion for directed verdict is appropriately Lgranted in a jury trial when, after [675]*675considering all evidentiary inferences in the light most favorable to the mov-ant’s opponent, it is clear that the facts and inferences are so overwhelmingly in favor of the moving party that reasonable men could not arrive at a contrary verdict. New Orleans Property Development, Ltd., 642 So.2d at 1315; Belle Pass Terminal, Inc., 634 So.2d at 478; Barnes, 578 So.2d at 1162. However, if there is substantial evidence opposed to the motion, that is, evidence of such quality and weight that reasonable and fair-minded jurors in the exercise of impartial judgment might reach different conclusions, the motion should be denied, and the case submitted to the jury. New Orleans Property Development, Ltd., 642 So.2d at 1315; Belle Pass Terminal, Inc., 634 So.2d at 478.
On appeal, the standard of review for directed verdicts is whether, viewing the evidence submitted, the appellate court concludes that reasonable people could not reach a contrary verdict. New Orleans Property Development, Ltd., 642 So.2d at 1315;

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97 So. 3d 671, 2012 La. App. LEXIS 1043, 2012 WL 3192610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crooks-v-southwest-louisiana-hospital-assoc-lactapp-2012.