McAdams v. Willis Knighton Medical Center

862 So. 2d 1186, 2003 La. App. LEXIS 3538, 2003 WL 22971144
CourtLouisiana Court of Appeal
DecidedDecember 19, 2003
Docket38,181-CA
StatusPublished
Cited by5 cases

This text of 862 So. 2d 1186 (McAdams v. Willis Knighton Medical Center) 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
McAdams v. Willis Knighton Medical Center, 862 So. 2d 1186, 2003 La. App. LEXIS 3538, 2003 WL 22971144 (La. Ct. App. 2003).

Opinion

862 So.2d 1186 (2003)

Dorline McADAMS, et al, Plaintiffs-Appellants,
v.
WILLIS KNIGHTON MEDICAL CENTER, Defendant-Appellee.

No. 38,181-CA.

Court of Appeal of Louisiana, Second Circuit.

December 19, 2003.

*1187 Rivers, Beck, Dalrymple & Ledet by Joseph T. Dalrymple, Alexandria, for Appellant.

Watson, Blanche, Wilson & Posner by Chris J. LeBlanc, Baton Rouge, for Appellee.

Before BROWN, PEATROSS and LOLLEY, JJ.

LOLLEY, J.

Dorline and Dewey McAdams appeal a summary judgment in favor of Willis Knighton Medical Center ("Willis Knighton"). For the following reasons, we reverse the trial court's judgment.

FACTS

In September 2001, Dorline McAdams and her husband, Dewey McAdams, went to Willis Knighton Medical Center in Shreveport to visit Mr. McAdams' sister. After parking in the hospital lot, they walked toward the hospital entrance across a paved concrete surface. Before reaching the entrance, Mrs. McAdams allegedly "stumped her toe" at an expansion joint and fell forward onto her face, sustaining injuries.

The McAdams filed suit against Willis Knighton asserting that the concrete surface was uneven, with one section of concrete over an inch higher in elevation from the remainder of the concrete surface. The McAdams alleged that Willis Knighton was at fault because its premises contained a hidden defect in the form of an abrupt change in elevation of the concrete surface of more than one inch. Pre-trial discovery ensued, including the taking of the depositions of Mr. and Mrs. McAdams, as well as the taking of the deposition of James Stephens ("Stephens"), an investigator hired by the McAdams to photograph the area where Mrs. McAdams' fall occurred.

Willis Knighton filed a motion for summary judgment to which it attached the previously-noted depositions, as well as the affidavit of Jerry Ivey ("Ivey"), a hospital engineer for Willis Knighton, and the affidavit of Mike Sullivan ("Sullivan"), a supervisor in the security department of Willis Knighton. Based on the pleadings, depositions, and affidavits, Willis Knighton asserted there was no genuine issue of material fact because the McAdams could not prove that the specific area in the parking lot where Mrs. McAdams fell was *1188 unreasonably dangerous. Willis Knighton pointed out that Mrs. McAdams did not know the exact location in the parking lot where she stumped her toe, and did not personally know the elevation in that area. Likewise, Willis Knighton asserted that Mr. McAdams could not point to the exact spot where his wife fell and that Stephens, the investigator who photographed the area, did not see the fall and also had no independent knowledge of the location of the fall. Furthermore, Willis Knighton asserted that, as a matter of law, there was no defect in the parking lot that created an unreasonably dangerous condition based upon the conditions described by the McAdams and Stephens.

Ivey's affidavit indicated that, based upon his education and experience, he was able to determine if a parking lot composed of concrete blocks and expansion joints was defective, that he had measured the height variance at the joint in the location Mrs. McAdams claims she fell and that in his opinion as an industrial engineer, the height variance found of one-half inch to one inch at most did not create an unreasonable risk of harm. Ivey indicated that he was familiar with the area where the fall took place, and no reports of any problems in that area were reported to him either prior to or after Mrs. McAdams' fall. He also stated there are almost always some variances in height from the concrete at an expansion joint, even when the concrete is newly poured, that such variances are easily seen, and that the cost of repairing every such deviation would be prohibitive. Although Ivey disagreed with Stephens' report that any height variances of one and one-eighth inch to one and three-eights inch existed at the location, he opined that such a variance did not create an unreasonable risk of harm.

The affidavit of Sullivan indicated that he had personal knowledge of complaints and accidents in the parking lot, that he was personally familiar with the area where Mrs. McAdams fell, and that he was aware of no other complaints or falls in that area either prior to or after her fall.

In response to Willis Knighton's motion for summary judgment, the McAdams essentially argued that the issue of whether a defect constitutes an unreasonable risk of harm is a factual determination for the trier of fact and involves many considerations that should be resolved on a case-by-case basis. The McAdams also urged the court to weigh the testimony of Willis Knighton's engineer and their investigator in order to determine who was more accurate and credible "on the disparity and height of the elevation." Furthermore, noting that Mr. McAdams' deposition stated that Willis Knighton's security personnel had indicated the occurrence of prior falls, the McAdams asked the court to let Sullivan testify subject to cross-examination on the adequacy of record-keeping, and method of data collection.

The trial court granted Willis Knighton's Motion for Summary Judgment and this appeal by the McAdams ensued.

DISCUSSION

Summary judgment procedure is designed to secure the just, speedy and inexpensive determination of every action; the procedure is favored and shall be construed to accomplish these ends. La. C.C.P. art. 966(A)(2). Under the procedures of La. C.C.P. art. 966(B), summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law. Appellate courts *1189 review summary judgments de novo under the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Singleton v. Booker, 37,198 (La.App.2d Cir.05/14/03), 847 So.2d 107, writ denied, 2003-2030 (La.11/07/03), 857 So.2d 495.

Although the initial burden in summary judgment remains with the mover to show that no genuine issue of material fact exists, once the mover has made a prima facie showing that the motion should be granted, the burden shifts to the non-moving party to present evidence demonstrating that material factual issues remain. Estate of Levitz v. Broadway, 37,246 (La. App.2d Cir.05/14/03), 847 So.2d 170. Despite the legislative mandate that summary judgments are now favored, factual inferences reasonably drawn from the evidence must be construed in favor of the party opposing the motion, and all doubt must be resolved in the opponent's favor. Willis v. Medders, 2000-2507 (La.12/08/00), 775 So.2d 1049. The court must draw those inferences from undisputed facts that are most favorable to the party opposing the motion for summary judgment. Independent Fire Insurance Co. v. Sunbeam Corp., 99-2181, 99-2257 (La.02/29/00), 755 So.2d 226; Estate of Levitz, supra.

The pertinent provisions of La. C.C. art. 2317.1 state:

The owner or custodian of a thing is answerable for damages occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care.

Prior to the Louisiana Legislature's adoption of La. C.C. art.

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862 So. 2d 1186, 2003 La. App. LEXIS 3538, 2003 WL 22971144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcadams-v-willis-knighton-medical-center-lactapp-2003.