Johnson v. Matthew J. Batchelder Co., Inc.

2010 SD 23, 779 N.W.2d 690, 2010 S.D. LEXIS 24, 2010 WL 737025
CourtSouth Dakota Supreme Court
DecidedMarch 3, 2010
Docket25303
StatusPublished
Cited by8 cases

This text of 2010 SD 23 (Johnson v. Matthew J. Batchelder Co., Inc.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Matthew J. Batchelder Co., Inc., 2010 SD 23, 779 N.W.2d 690, 2010 S.D. LEXIS 24, 2010 WL 737025 (S.D. 2010).

Opinion

ZINTER, Justice.

[¶ 1.] Susan Johnson tripped and fell on a stairway at a store owned by Matthew J. Batchelder Co., Inc. (Batchelder). Johnson and her husband brought this action alleging that Batchelder failed to exercise reasonable care to keep the premises safe and failed to warn of a dangerous condition. Batchelder moved for summary judgment on the grounds that Johnson could not articulate in her deposition what caused her to fall and how Batchelder failed to exercise reasonable care. John-sons opposed the motion and submitted post-deposition affidavits containing additional facts suggesting that uneven carpet runners on the stairway were the probable cause for the fall. The circuit court granted summary judgment, stating it was satisfied that the evidence did not support a breach of duty. Because this is a jury question, we reverse.

Facts and Procedural History

[¶2.] We recite the facts in a light most favorable to Johnsons. Batchelder operates a music store in Rapid City. In addition to selling musical instruments, Batchelder provides music lessons. The retail music store is located on the ground floor, and the music lessons are provided on the second floor. Customers enter the store at the street-level ground floor, and a carpeted stairway provides access to the second floor.

[¶ 3.] There are plastic runners on the stairs. Each runner is approximately two feet wide and several feet long. The runners are placed side by side and run the length of the stairs from the ground floor to the second floor. There is only one continuous handrail on this stairway, and that handrail is located on the north wall. A handrail on the south wall stops about halfway up the stairs. There is no handrail or support in the center of the stairway.

[¶ 4.] In May 2006, Johnson arrived at Batchelder’s store for organ lessons. She walked part of the way up the stairs holding the north handrail with her left hand. *692 She held her music books in her right hand. When she reached the sixth or seventh step, she turned to her right and began to go down the steps to wait for the instructor to arrive. She testified in her deposition that at this point, she pivoted to her right and let go of the handrail with her left hand. As she turned, her foot “caught,” she fell and was injured.

[¶ 5.] Johnson was, however, unable to articulate exactly how her foot “caught.” When first asked, “[w]hat facts do you rely upon to support your claim that the Defendants failed to exercise reasonable care in the inspection of the premises,” Johnson conceded: ‘Well, I know that there’s runners going down and that they met evenly and was kept from lifting up.” On the other hand, she also testified it was “a possibility” that the runners were “out of sorts that day,” or that something was stuck in the runners that caused her to trip. Additionally, Johnson testified that after her fall, one of Batchelder’s employees, Tabitha Jo Broman, immediately came to her assistance. According to Johnson, Broman recalled “somebody else nearly having a fall on those stairs.” 1

[¶ 6.] Batchelder subsequently moved for summary judgment, arguing that “Johnson [could] not articulate what, exactly, caused her to fall, or how the Defendant failed to exercise ... ‘reasonable care.’ ” Johnson and her husband filed post-deposition affidavits opposing the motion. According to Johnson’s affidavit, she returned to Batchelder’s after her deposition and closely inspected the plastic runners on the stairway. She then noticed that the edges of the plastic runners were not secured to the stairs and could be easily lifted. She also noticed that if a person stepped on one plastic runner at its edge, the adjacent plastic runner would be slightly higher and would pose a trip hazard. Johnson’s husband (Ron) also indicated that “[t]he difference in height between the two adjacent runners [was] enough to catch the sole of a shoe[.]” Ron attached photographs of the plastic runners showing edges of the runners that were not securely attached to the steps and how one’s shoe could “catch.” Finally, Ron’s affidavit alleged that Batchelder employee, Curtis Binder, informed Ron that Binder had experienced problems with the plastic runners before Johnson’s fall, and that he had stopped wearing certain types of shoes because the runners were “sticky.”

[¶ 7.] In response to Batchelder’s statement of material facts supporting summary judgment, Johnsons reiterated the foregoing, specifically asserting the following facts and allegations:

• Johnson’s “foot caught and that is what caused her to [f]all.”
• “There is only one handrail that runs the length of these stairs.”
• “[T]here was no handrail in the center of the stairway for her to grab onto.”
• “Two of Mr. Batchelder’s employees had knowledge that others had experienced problems on these stairs before Mrs. Johnson fell.”
• Batchelder “knew or should reasonably have known that these stairs, and, in particular, the plastic runners on the stairs, presented a danger to customers.”
• “The seams [of the runners] are not stapled down to the stairs. Since these seams are not secured to the stairway, the plastic runner can be easily lifted up more than an inch at *693 the location of the seams near the top of the stairway.”
• “When a person steps on the edge of the runner near the top of the stairs, the edge of the adjacent runner is slightly higher than the runner which is being stepped on. This difference in height between the two adjacent edges is enough to catch the sole of a shoe.”
• “[T]his difference in height creates a trip hazard[.]”

Notwithstanding these asserted facts and allegations, the circuit court granted summary judgment finding no breach of any duty of reasonable care. The court indicated that “no one” could tell “at this point” what caused the fall, the plaintiffs evidence did not “satisfy [the] court” that Batchelder breached its duty, and “plain-tiffis] ... failed to meet their burden for summary judgment purposes.” The court stated:

The evidence does not satisfy this Court that there was a failure on the part of Batchelder to provide a safe environment .... Whether it was the stairs or the nature of the shoes she had or whether it was the awkwardness on her part or inattention to what she was doing, I don’t know and no one does I don’t believe, at this point, and the Plaintiff still ultimately has the burden and in considering this in the light most favorable to the Plaintiff, the Court is satisfied that the evidence does not support that there was a breach of duty ..., and therefore it is the opinion of this Court that the Plaintiff has failed to meet their burden for summary judgment purposes!.]

(Emphasis added.)

[¶ 8.] Our standard of review is well settled. Summary judgment is proper where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits ...

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Cite This Page — Counsel Stack

Bluebook (online)
2010 SD 23, 779 N.W.2d 690, 2010 S.D. LEXIS 24, 2010 WL 737025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-matthew-j-batchelder-co-inc-sd-2010.