MacClatchey v. HCA Health Services of Florida, Inc.

139 So. 3d 970, 2014 WL 2588252, 2014 Fla. App. LEXIS 8854
CourtDistrict Court of Appeal of Florida
DecidedJune 11, 2014
DocketNo. 4D13-1744
StatusPublished
Cited by3 cases

This text of 139 So. 3d 970 (MacClatchey v. HCA Health Services of Florida, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacClatchey v. HCA Health Services of Florida, Inc., 139 So. 3d 970, 2014 WL 2588252, 2014 Fla. App. LEXIS 8854 (Fla. Ct. App. 2014).

Opinion

PER CURIAM.

Marie MacClatchey appeals the trial court’s order granting final summary judgment in her negligence action in favor of appellee, HCA Health Services of Florida, Inc., d/b/a St. Lucie Medical Center (“hospital”).

MacClatchey raises the following issues on appeal: (1) construing the evidence and reasonable inferences therefrom in her favor, there were genuine issues of material fact as to whether the hospital’s negligence could be inferred under the doctrine of res ipsa loquitur; and (2) there was outstanding discovery that was material to the issue of the hospital’s negligence. Because we reverse as to the first issue, we do not discuss the second issue.

MacClatchey initiated a negligence action against the hospital, seeking damages and alleging that the hospital breached its duty of reasonable care when a framed piece of artwork fell from the wall in a patient’s room and struck her on the head.

MacClatchey was visiting her husband, who was a patient at the hospital and was undergoing a procedure. According to MacClatchey, as she was sitting in a chair in her husband’s patient room having a conversation with a nurse, a framed piece of artwork fell from the wall behind Mac-Clatchey and struck her on the head. When it fell, glass from the picture shattered onto the floor around her. After the incident, an employee who came to clean up the shattered glass showed MaeClat-chey the broken hooks on the wall where the picture had been hanging.

The hospital’s motion for final summary judgment alleged that there were no genuine issues of material fact with regards to the hospital having actual or constructive knowledge of an alleged dangerous condition, and that res ipsa loquitur did not apply because MacClatchey could not satisfy either of the essential elements of that doctrine.

On appeal, the granting of a motion for summary judgment is reviewed de novo. Volusia Cnty. v. Aberdeen at Ormond [972]*972Beach, L.P., 760 So.2d 126, 130 (Fla.2000). Summary judgment is appropriate only where “there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” Fla. R. Civ. P. 1.510(c).

Additionally, in negligence cases, summary judgment procedures are applied with special caution. Dalrymple v. Franzese, 944 So.2d 1240, 1243 (Fla. 4th DCA 2006). “In a negligence case, unless the defendant can show that there was no negligence or that plaintiffs negligence was the sole proximate cause of the injury, courts will not grant summary judgment.” Id. at 1242 (citing Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977)).

The burden is on the moving party to show “conclusively the absence of any genuine issue of material fact and the court must draw every possible inference in favor of the party against whom a summary judgment is sought.” Moore v. Morris, 475 So.2d 666, 668 (Fla.1985). “If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it.” Id. Moreover, we have further explained:

When a defendant moves for summary judgment, the court is not called upon to determine whether the plaintiff can actually prove his cause of action. Rather, the court’s function is solely to determine whether the record conclusively shows that the moving party proved a negative, that is, the nonexistence of a genuine issue of a material fact. If the record reflects even the possibility of a material issue of fact, or if different inferences can reasonably be drawn from the facts, the doubt must be resolved against the moving party.

Winston Park, Ltd. v. City of Coconut Creek, 872 So.2d 415, 418 (Fla. 4th DCA 2004) (emphasis added) (citations omitted).

To prevail on a claim of negligence, a plaintiff must establish that the defendant owed him or her a duty of care, which the defendant breached, and that such breach was the proximate cause of the plaintiffs injuries and resulting damage. Williams v. Davis, 974 So.2d 1052, 1056 (Fla.2007). A property owner owes a duty to invitees to exercise ordinary care in maintaining reasonably safe premises and to warn of any dangerous condition which is known or should be known to the owner. Spaulding v. City of Melbourne, 473 So.2d 226, 227 (Fla. 5th DCA 1985). Where direct proof of negligence is wanting, the doctrine of res ipsa loquitur may apply, though in limited circumstances. See Goodyear Tire & Rubber Co. v. Hughes Supply, Inc., 358 So.2d 1339, 1341-2 (Fla.1978).

Res ipsa loquitur is a rule of evidence which affords an injured plaintiff a common sense inference of negligence, provided the following elements are present: (1) “the instrumentality causing his or her injury was under the exclusive control of the defendant,” and (2) “the accident is one that would not, in the ordinary course of events, have occurred without negligence on the part of the one in control.” Id. The Florida Supreme Court has further explained that:

The plaintiff is not required to eliminate with certainty all other possible causes or inferences.... All that is required is evidence from which reasonable persons can say that on the whole it is more likely that there was negligence associated with the cause of the event than that there was not.

McDougald v. Perry, 716 So.2d 783, 786 (Fla.1998) (quoting W. Page Keeton, et. al., Prosser and Keeton on the Law of Torts [973]*973§ 39, at 248 (5th ed. 1984)). Where there exists a genuine issue of material fact, which if resolved in the plaintiffs favor, could permit res ipsa loquitur to apply, summary judgment is premature. See Lauck v. Publix Mkt., Inc., 335 So.2d 589, 590 (Fla. 3d DCA 1976).

In a factually similar case, we held that res ipsa loquitur was applicable and reversed the trial court’s denial of the plaintiffs request for a jury instruction on the doctrine. Nodurft v. Servico Centre Assocs., Ltd., 884 So.2d 395, 398 (Fla. 4th DCA 2004). In Nodurft, the plaintiff alleged that as she was washing her hands in a hotel restroom, a wall-mounted trash receptacle fell from the wall and struck her foot. Id. at 396. Evidence was presented indicating that it was “common knowledge” that the wall-mounted trash receptacles were loose. Id. However, there was also conflicting testimony that there had never been any incident in which a trash receptacle had fallen in the past, and that they were very difficult to remove from the wall. Id. at 396-97. The trial court denied the plaintiffs request for a res ipsa loquitur jury instruction, reasoning that the hotel did not have “exclusive control” over the trash receptacle due to the possibility that someone in the general public could have tampered with it. Id. at 397. On appeal, we disagreed, finding the trial court’s interpretation of res ipsa lo-quitur too narrow. Id. Instead, we explained that “[t]his [was] not a case in which the public has such unfettered access to the instrumentality of the injury that the defendants’ control was so insufficient that it did not warrant giving the case to the jury under a res ipsa loquitur charge.” Id. at 398. In reversing the trial court’s ruling, we held that:

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139 So. 3d 970, 2014 WL 2588252, 2014 Fla. App. LEXIS 8854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macclatchey-v-hca-health-services-of-florida-inc-fladistctapp-2014.