K.L. v. Riverside Medical Center

524 N.W.2d 300, 1994 Minn. App. LEXIS 1202, 1994 WL 677719
CourtCourt of Appeals of Minnesota
DecidedDecember 6, 1994
DocketCX-94-632
StatusPublished
Cited by11 cases

This text of 524 N.W.2d 300 (K.L. v. Riverside Medical Center) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
K.L. v. Riverside Medical Center, 524 N.W.2d 300, 1994 Minn. App. LEXIS 1202, 1994 WL 677719 (Mich. Ct. App. 1994).

Opinion

*301 OPINION

DAVIES, Judge.

Patient challenges the trial court’s eviden-tiary rulings and the court’s directed verdict holding that hospital owed no duty to prevent a sexual assault. We affirm.

FACTS

Appellant K.L. entered the adult chemical dependency unit at Riverside Medical Center in Minneapolis. While K.L. was suffering from alcohol withdrawal, someone knocked on her door and said, “K.” 1 When she answered, a well-dressed man came into her room and asked how old she was. When K.L. said she was 49, the man, later identified as Aron Ghebrezghi, said, “You’re a nice looking lady for 49 years old.” After Ghe-brezghi said he was a chiropractor and asked K.L. if she would like a back rub, she said she would. She turned over on her stomach and Ghebrezghi rubbed her back.

Ghebrezghi then asked if he could shut the door and started to get up to do so. K.L. told him he could not shut the door and that patients were not allowed to shut their doors. Ghebrezghi then returned, put his penis on the bed, took K.L.’s hand, and said, “Here, put your hand on this.” When K.L. threatened to call the nurse, Ghebrezghi said, “No. No. No. I’m going.” He then left. K.L. did not immediately report the assault.

The next day, K.L. again saw Ghebrezghi in the smoking lounge of the chemical dependency unit. She ran to the nurses’ station to report Ghebrezghi’s assault, but did not follow through because the nurse she asked for was not available. K.L. then went downstairs on an errand, where she saw Ghebrez-ghi standing by the hospital’s main entrance. Thinking Ghebrezghi was stalking her, K.L. ran back to the nurses’ station and reported the assault to the nurse she had asked for earlier.

It is Riverside’s policy to investigate any patient’s report of inappropriate touching, regardless of whether the staff believes the report. Despite this policy, the nurse did nek initially report the incident, believing K.L. had hallucinated. The incident was not reported to Riverside security until the following day.

Four days after the assault, K.L. saw Ghe-brezghi again. A patient who was aware of the assault immediately notified security of Ghebrezghi’s presence and he was arrested.

David Hiers, Riverside’s Director of Operations, testified that the nature of the chemical dependency unit requires openness. Many people come to visit patients, and the patients must be free to come and go. On cross-examination, Hiers admitted there was no procedure to check the identity of visitors to the unit; although a nametag policy was “religiously” followed for staff and patients, it was not followed for visitors. Furthermore, nonstaff physicians, psychologists, and counselors did not have to wear nametags while at the chemical dependency unit. Ghebrez-ghi, who had no legitimate reason to be in the unit, was never asked to wear a nametag.

Lynn Bower, the nursing manager of the chemical dependency unit, said that any unfamiliar person without a nametag was stopped at the front desk into the chemical dependency unit. It was, however, possible to get on the unit without walking by the front desk; in addition, if the people at the front desk were busy with other duties, they might not ask for identification.

K.L. called Lawrence Talley as a security expert. Talley reviewed security logs from October 15 to December 13, 1989. In that period, there were 18 incidents, counting K.L.’s, in which Riverside’s security responded to calls about suspicious persons. Some of these involved persons in patient rooms and restricted areas. No report involved violence or threats to patients.

At the conclusion of K.L.’s case, the trial court granted Riverside’s motion for a directed verdict, finding that Ghebrezghi’s conduct was unforeseeable and, therefore, Riverside had no duty to protect K.L. from Ghebrezghi. K.L. appeals, challenging the directed verdict and the trial court’s evidentiary rulings.

*302 ISSUES

I. Did the trial court err in directing a verdict for Riverside?

II. Did the trial court abuse its discretion in its evidentiary rulings?

ANALYSIS

I. Standard of Review

A motion for a directed verdict presents the trial court with a question of law: Is the evidence sufficient to present a fact question for the jury? Claflin v. Commercial State Bank of Two Harbors, 487 N.W.2d 242, 247 (Minn.App.1992), pet. for rev. denied (Minn. Aug. 4, 1992). In reviewing a directed verdict, appellate courts review the evidence and its inferences to determine independently whether the evidence is sufficient to present a fact question for the jury. Nemanic v. Gopher Heating & Sheet Metal, 337 N.W.2d 667, 669 (Minn.1983).

Here, the trial court concluded that Riverside owed no duty to prevent Ghebrez-ghi’s assault on K.L. Whether a legal duty exists is, on agreed facts, a question for the court to determine as a matter of law. Larson v. Larson, 373 N.W.2d 287, 289 (Minn.1985).

Generally, a person has no duty to control the conduct of a third person to prevent injury to another. Delgado v. Lohmar, 289 N.W.2d 479, 483 (Minn.1979). Whether Riverside had a duty to protect K.L. from Ghebrezghi’s assault depends on two factors: (1) the existence of a special relationship between Riverside and K.L. giving K.L. the right to protection; and (2) the foreseeability of the harm that resulted. Lundgren v. Fultz, 354 N.W.2d 25, 27-28 (Minn.1984). Riverside concedes it had a special relationship with K.L. The question is whether Ghebrezghi’s conduct was foreseeable.

“Generally, the issue of foreseeability is for the trial court to decide.” Spitzak v. Hylands, Ltd., 500 N.W.2d 154, 158 (Minn.App.1993), pet. for rev. denied (Minn. July 15, 1993). The harm to K.L. can be said to be foreseeable if Riverside was aware of facts indicating that patients had previously been exposed to an unreasonable risk of harm. Id.

A duty to prevent a wrongful act by a third party will be imposed only where those wrongful acts can be reasonably anticipated. Ann M. v. Pacific Plaza Shopping Ctr., 6 Cal.4th 666, 25 Cal.Rptr.2d 137, 863 P.2d 207, 213-14 (1993). Acts such as Ghebrezghi’s sexual assault on K.L. will rarely be deemed foreseeable in the absence of prior similar incidents. Id. at 145, 863 P.2d at 215. In this case, there is no evidence of prior similar incidents.

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Cite This Page — Counsel Stack

Bluebook (online)
524 N.W.2d 300, 1994 Minn. App. LEXIS 1202, 1994 WL 677719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kl-v-riverside-medical-center-minnctapp-1994.