Muller v. United States Postal Service

811 F. Supp. 325, 1992 U.S. Dist. LEXIS 20576, 1992 WL 414976
CourtDistrict Court, N.D. Ohio
DecidedMay 26, 1992
DocketNo. 90-CV-759
StatusPublished
Cited by1 cases

This text of 811 F. Supp. 325 (Muller v. United States Postal Service) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Muller v. United States Postal Service, 811 F. Supp. 325, 1992 U.S. Dist. LEXIS 20576, 1992 WL 414976 (N.D. Ohio 1992).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SAM H. BELL, District Judge.

Plaintiff Lenore K. Muller brought this personal injury action pursuant to the Federal Torts Claim Act, 28 U.S.C. 2671, et seq., alleging negligence on the part of the United States of America and the United States Postal Service, and seeking damages for injuries sustained while on postal service premises in Garfield Heights, Ohio. Trial in this cause was held before the court on April 2, 1992. Based upon the evidence presented at trial, the court issues its findings of fact and conclusions of law. Facts

On July 29, 1987, at approximately 11:15 a.m., plaintiff entered the Garfield Heights, Ohio, branch of the United States Post Office to mail a stack of letters. At the time, the sun was shining brightly through the glass doors of the post office entrance-[326]*326way. Immediately upon entering the post office doorway, plaintiff fell to the floor, sustaining fractures to the tibia and the fibula shafts of her right leg.

While there were no eyewitnesses to plaintiffs' fall, a second postal customer, Mr. Jan Sroka, heard plaintiff cry out and went immediately to her assistance. Mr. Sroka noticed that carpet mats, which had been placed immediately inside the doorway by the post office custodian in the course of his regular duties, were overlapping each other by approximately two feet, and that there was a bulge of approximately two inches in the top-lying mat at the center of the doorway. Mr. Sroka had not noticed this bulge or any other irregularities as he entered the post office through that same doorway shortly before plaintiffs entrance. Plaintiff herself noticed the carpet overlap and the bulge in the top-lying carpet, but only after her fall; she had not been looking at the floor or the carpets as she entered the post office on that day.

Mrs. Muller had been a regular customer of this particular post office since 1961. She was aware of the layout of the interior areas of the post office, and was aware that post office personnel regularly placed carpet mats in the doorway and other areas of the premises. However, she had not expected to find the mats placed one on top of the other as she had seen them after her fall that day.

Michael Hicar, a superintendent of the Garfield Heights post office, acknowledged responsibility for maintaining a safe premises, and admitted that carpet mats were regularly placed in the lobby and doorway of the post office; he contended, however, that the mats in the doorway were overlapped by only an inch, on the rubber border of the mats, in order to provide an even surface for walking. Photographs of the mats and the lobby area in general seem to support this contention, but these photographs were taken by Hicar and were largely based upon a reconstruction of the scene as he recalled it.

Plaintiff herself was somewhat uncertain in her testimony concerning whether her foot actually caught on the carpet, or on anything else, which occasioned her to fall. Indeed, plaintiff testified that she did not remember her foot catching on anything; essentially, she remembered only that she walked into the doorway and “just went flying” to the floor.

Conclusions of Law

Pursuant to 28 U.S.C. 1346(b), claims in tort against the United States are to be determined by the law of the state in which the alleged tort occurred. Sheridan v. United States, 487 U.S. 392, 398, 108 S.Ct. 2449, 101 L.Ed.2d 352 (1988).

The parties agree that under Ohio law plaintiff was a business invitee on post office premises at the time of her accident. Generally, under Ohio law a “shopkeeper” owes business invitees a duty of ordinary care in maintaining the premises in a reasonably safe condition so that invitees are not unnecessarily and unreasonably exposed to danger. Paschal v. Rite Aid Pharmacy, Inc. (1985), 18 Ohio St.3d 203, 480 N.E.2d 474. This includes a duty to warn of latent dangers known to the shopkeeper, a duty to inspect the premises to discover possible dangerous conditions unknown to the shopkeeper, and a duty to take reasonable precautions to protect the invitee from dangers which are foreseeable from the arrangement or use. Perry v. Eastgreen Realty Co. (1978), 53 Ohio St.2d 51, 52, 372 N.E.2d 335.

The parties present arguments over a number of factual and legal issues, such as: whether the carpet overlap was two feet or merely one inch; whether plaintiff could have or should have seen the alleged bulge in the carpet (had she been looking) due to or in spite of the effect of the sunlight through the glass doors of the post office, and the other attendant circumstances; whether defendant had actual or constructive knowledge of the dangerous condition; and the extent of defendant’s duty to discover, remedy; or warn of the dangerous condition. The court finds that these issues need not be reached, however, inasmuch as the failure of plaintiff to present adequate evidence on two threshold [327]*327issues dictates our disposition in the present case. First, plaintiff failed to establish the existence of the alleged dangerous condition prior to or at the time of her fall; second, plaintiff failed to establish that this alleged dangerous condition actually caused her to fall. Proof of such facts is a prerequisite to the finding of a duty of care, or negligence, or liability on the part of a defendant. See Perry, supra, 53 Ohio St.2d at 52, 372 N.E.2d 335; J.C. Penny Co., Inc. v. Robison (1934), 128 Ohio St. 626, 193 N.E. 401.

Plaintiffs theory of negligence, briefly put, is that the overlapping of the mats caused the top mat to buckle and create a two-inch bulge, which in turn caused plaintiffs fall. In this court’s opinion, the existence of this two-inch bulge prior to plaintiff’s fall was not established by any direct evidence, nor by a preponderance of circumstantial evidence. Negligence cannot be inferred under Ohio law merely from the fact of an accident or an injury. St. Mary’s Gas Co. v. Brodbeck (1926), 114 Ohio St. 423, 151 N.E. 323. Even were the court to find that an overlapping of the carpet existed at the time of Mrs. Muller’s entrance, the only evidence which would support the conclusion that the carpet bulge existed before plaintiff’s fall would be the inferential evidence deduced from the fact that the bulge existed after the fall.

Examination of the sample mats admitted into evidence, duplicates of those on the floor of the post office at the time, suggests such an inference to be improper. The mats in question are approximately six feet long by three feet wide, and approximately one-half inch thick. They consist of a bottom layer of rubber padding, with a top layer of carpet material. When stacked in the manner described by plaintiff and Mr. Sroka, and subjected to normal usage, the rubber layer of the top-lying mat adheres well to the carpet layer of the bottom mat, with no evident tendency to buckle or create a bulge.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sczublewski v. Kroger Co.
2025 Ohio 2029 (Ohio Court of Appeals, 2025)

Cite This Page — Counsel Stack

Bluebook (online)
811 F. Supp. 325, 1992 U.S. Dist. LEXIS 20576, 1992 WL 414976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muller-v-united-states-postal-service-ohnd-1992.