Forbes v. Framingham Union Hospital, Inc.

1989 Mass. App. Div. 83, 1989 Mass. App. Div. LEXIS 77
CourtMassachusetts District Court, Appellate Division
DecidedApril 26, 1989
StatusPublished
Cited by1 cases

This text of 1989 Mass. App. Div. 83 (Forbes v. Framingham Union Hospital, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Forbes v. Framingham Union Hospital, Inc., 1989 Mass. App. Div. 83, 1989 Mass. App. Div. LEXIS 77 (Mass. Ct. App. 1989).

Opinion

Forte, J.

The reported evidence may be summarized as follows:

At approximately 12:30 p.m. on December 26, 1979, an employee of F.S. Payne arrived at Framingham Union Hospital in response to a call from his dispatcher that an elevator at the hospital was out of service. He went to the elevator in question (“elevator number one”), determined that the problem was with a locking mechanism on the first floor, adjusted the lock and put the elevator back into operation.

After the Payne employee had repaired the elevator, he decided to perform his regularly-scheduled weekly maintenance of the remaining elevators located immediately adjacent to elevator number one. Accordingly, he went to the sixth floor “penthouse” of the building where the elevator machinery was housed. He cleaned, greased and oiled the machinery and visually inspected the brushes and hoist motor of each of the elevators in the bank of four.

At approximately 4:30 p.m., as he concluded his maintenance of the machinery, the employee heard a grinding noise from the elevator housing and observed smoke emitting from the generator of elevator number one. Realizing that the generator was on lire, the employee seized a fire extinguisher and sprayed the generator, thereby extinguishing the fire. He then cut the power to the generator, called his office to report the malfunction and descended the stairs to assist any person who might have been trapped in the elevator cars.

At approximately 4:30 p.m. that same afternoon, the plaintiff arrived at the Hospital to visit a friend who was a patient on the third floor. She entered the car of elevator number one, pushed the button for the third floor and began her ascent. As the elevator passed the doors to the second floor, however, the car jolted to a stop, jerked up and down and then descended rapidly to the sub-basement level where it came to an abrupt stop.

The plaintiff became frightened and upset. She pressed the elevator buttons and began to kick and pound on the elevator doors with her hands, feet and head. She removed her coat, scarf, sweater, gloves and pocketbook. According to her testimony at trial, she was trapped in the elevator for approximately 45 [84]*84minutes before she was assisted by a doctor and several maintenance workers. She then drove home and remained there, missing two weeks from her work as a real estate broker.

Medical testimony at the trial was consistent with respect to the plaintiffs injuries, which consisted entirely of pain in her hands. Testimony from the plaintiff’s expert was to the effect that the plaintiff had developed carpal tunnel syndrome in her hands as a result of pounding on the elevator car door. The Hospital’s expert, however, testified that the plaintiff did not have carpal tunnel syndrome as a result of the December, 1976 accident

Testimony regarding the condition of the elevator motor after the fire was consistent. All witnesses testified that the generator was charred, the interpole located outside the generator “had gone to ground” and the wires protecting the interpole had burned. The witnesses testified further that the generator was the source of power for the elevator in which the plaintiff had been trapped and that, when the generator failed, the power to the elevator would have been interrupted.

At the close of the plaintiffs case, and at the close of all the evidence, defendant Payne filed sixteen written requests for rulings of law and moved that judgment be entered on its behalf. The plaintiff also filed requests for rulings and moved for judgment against both defendants. The trial judge, while absolving the Hospital of all liability, entered judgment for the plaintiff against Payne and awarded her damages in the amount of $10,320.00. Specifically, the trial judge found as follows: first, that defendant Payne’s employee “was negligent when he shut off the power to elevator number one upon seeing smoke coming from the generator without first ascertaining whether anyone was on board the elevator”; second, that defendant Payne’s employee “was negligent when he allowed (the plaintiff] to remain trapped in the elevator for at least twenty minutes after he shut off the power to the elevator”; and third, “that as a direct result of the negligent and wrongful acts of [Payne’s employee], the elevator in which [the plaintiff] was riding came to a jolting stop and rapidly descended two floors to a sub-basement level, trapping the plaintiff inside for at least twenty minutes”. Defendant Payne thereafter prosecuted an appeal to this Division on a charge of error in the trial court’s denial of thirteen of its sixteen requests. We confine our review to the trial court’s denial of the following requested rulings which are dispositive of this appeal:

2. The evidence does not warrant a finding for the plaintiff against the defendant, Payne.
6. There is insufficient evidence of negligence or other breach of duty or lack of due care by defendant Payne.
10. The evidence does not warrant a finding that the plaintiff’s alleged injuries were proximately caused by any negligence of defendant, Payne.

1. As a general rule, an appellate court will not set aside any finding of fact entered by a trial-court unless that finding is “clearly erroneous”, Dist./Mun. Cts. R. Civ. P., Rule 62(a); that is, unless the reviewing court, on the entire evidence, is “left with the definite and firm conviction that a mistake has been committed”. See United States v. United States Gypsum, Co., 333 U.S. 364, 395 (1948); New England Canteen Service, Inc. v. Ashley, 372 Mass. 671, 675 (1977); Building Inspector of Lancaster v. Sanderson, 372 Mass. 157, 160-161 (1977); Marlow v. New Bedford, 369 Mass. 501, 508 (1976); DiGiovani v. Board of Appeals of Rockport, 19 Mass. App. Ct. 339, 343 (1986). Inferences [85]*85drawn by the trial judge from the facts as reported, however, do not benefit from the presumptions inherent in the “clearly erroneous” rule. Such inferences are “open” for appellate court decision and, in fact are entitled to no particular weight in the process of appellate review. Malone v. Walsh, 315 Mass. 484, 490 (1944); DiGiovanni v. Board of Appeals of Rockport, supra at 343; National Medical Care, Inc. v. Zigelbaum, 18 Mass. App. Ct. 570, 575 (1984). And, where a trial judge’s ultimate findings are inconsistent with his subsidiary findings, thus indicating reliance on inferences that are either reasonable or not based on the facts as reported, the appellate court may set aside those ultimate findings. Colby v. Callahan, 311 Mass. 727, 729 (1942); National Medical Care, Inc. v. Zigelbaum, supra at 575.

In the present case, the defendant’s requests for ruling sought a determination that the evidence was insufficient as a matter of law to sustain the court’s ultimate finding for the plaintiff. We conclude that the evidence, even when viewed in the light most favorable to the plaintiff, Narime v. Powers, 400 Mass. 343, 344-345 (1987); Forlano v. Hughes, 393 Mass. 502, 504 (1984); Poirier v. Plymouth, 374 Mass. 206, 212 (1978), does not adequately support the court’s ultimate finding of liability and that, accordingly, judgment must be entered for the defendant.

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Bluebook (online)
1989 Mass. App. Div. 83, 1989 Mass. App. Div. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forbes-v-framingham-union-hospital-inc-massdistctapp-1989.