Parfait v. Hospital Service District No. 1

638 So. 2d 1140, 1994 La. App. LEXIS 2062, 1994 WL 278372
CourtLouisiana Court of Appeal
DecidedJune 24, 1994
DocketNo. 93 CA 1504
StatusPublished
Cited by3 cases

This text of 638 So. 2d 1140 (Parfait v. Hospital Service District No. 1) 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
Parfait v. Hospital Service District No. 1, 638 So. 2d 1140, 1994 La. App. LEXIS 2062, 1994 WL 278372 (La. Ct. App. 1994).

Opinion

jaCRAIN, Judge.

Maryal Parfait was allegedly injured when, as a visitor in the defendant’s emergency room, she stepped on a piece of glass with her bare foot and also struck her knee. She sued the defendant for damages and her action was dismissed by the district court. This appeal followed.

On appeal, plaintiffs contend the trial court erred in its finding on the issue of liability and its assessment of costs. We affirm the judgment of the district court.

On the evening of April 25, 1990, plaintiff, Maryal Parfait, received a telephone call from her friend, Audrey Langston. Ms. Langston reported she was experiencing chest pains. Ms. Parfait drove to Ms. Lang-ston’s house where she retrieved her friend and took her to the defendant hospital. Upon their arrival, at approximately 11:00 p.m., Ms. Langston registered for admission in the emergency room and returned to be seated by the plaintiff. In approximately two minutes, Ms. Langston was taken, by stretcher, into the emergency room. She was placed in Room No. 8 located in a corner area of the emergency room. Following a twenty minute wait plaintiff asked to enter the area where Ms. Langston was being held. She was escorted to a chair in the area of Ms. Langston’s bed. After about 2 hours, Ms. Parfait decided to stretch her feet. She removed her shoes, placed her foot on the floor and felt a sharp object enter the heel of one foot. In response she allegedly jerked her knee and struck it on the adjacent bed.

A nurse was summoned and she called Dr. Donald Thibodeaux to examine Ms. Parfait’s foot. With the use of an eighteen gauge needle, Dr. Thibodeaux removed a sliver of glass (approximately 3-5 mm. in size) from the heel of Ms. Parfait’s foot. An interview with hospital security officer, Timothy Le-compte, followed. Ms. Parfait and Ms. Lang-ston left the hospital at approximately 2:30 a.m. the following morning.

On the drive home, Ms. Langston saw what she described as plaintiffs “swollen knee” and she remembered complaints made about this by Ms. Parfait.

IsThe next day plaintiff returned to the emergency room for treatment. Her knee area was x-rayed and bandaged. Thereafter, Ms. Parfait was treated by an orthopedic surgeon, Dr. Pete Rhymes. She underwent an orthoscopic procedure on October 30, 1990. She was found to have significant chondromalacia of the right knee.

Ms. Parfait filed this suit for damages for personal injuries on March 27, 1991. She was joined by her husband, who seeks damages for loss of consortium.

On January 29, 1993, judgment was rendered in favor of the defendant and against plaintiffs dismissing their suit.

Liability

On appeal plaintiffs contend that they met their burden of proving by a preponderance of the evidence that it was more likely than not that the piece of glass, in the area of Bed No. 8 in the defendant’s emergency room, was present prior to Ms. Parfait’s arrival. Additionally, plaintiffs argue that the defendant failed to exculpate itself from liability when the burden of proof shifted to it. In particular, plaintiffs allege that proof of a general policy of inspection and clean-up does not satisfy the criteria of reasonable inspection and clean-up on the night of this incident.

In its reasons for judgment, the trial court found that the defendant exercised reasonable care for the safety of visitors, under the circumstance of this case. The court also found that plaintiffs failed to prove by a preponderance of the evidence that the piece of glass was in the Bed No. 8 emergency area prior to Ms. Langston being positioned in that area. Consequently, the court found that the defendant did not have actual or constructive knowledge of the hazardous con[1142]*1142dition, (i.e.), the piece of glass. The court also found that Ms. Parfait did not exercise reasonable care and did not act as a reasonable, prudent person by removing her shoes in the emergency room. Finally, the court found these actions caused Ms. Parfait’s injuries.

There is little dispute over the facts surrounding the incident in question. The question before this court concerns the sufficiency of that evidence to prove liability.

pin Bordelon v. Southern Louisiana Health Care Corp., 467 So.2d 167, 169 (La.App. 3rd Cir.1985), unit denied, 469 So.2d 989 the court discussed the standard to be applied when one is injured on a hospital’s premises:

In slip and fall cases a prima facie case is established when the plaintiff shows that he slipped, fell and was hurt because of a dangerous condition on the premises. Miller v. Smith, 391 So.2d 1263 (La.App. 1st Cir.1980), affirmed, 402 So.2d 688 (La. 1981). A premise hazard is a condition or operation of the premises that results in an unreasonable risk of harm to customers under the circumstances. Watson v. West Brothers ofVille Platte, Inc., 399 So.2d 771 (La.App. 3rd Cir.1981). The duty owed by the hospital to visitors is that of exercising reasonable care for their safety commensurate with the particular circumstances involved. Perkins v. Springhill General Hospital, 278 So.2d 9Ó0 (La.App. 2nd Cir. 1973); Ryle v. Baton Rouge General Hospital, 376 So.2d 1024 (La.App. 1st Cir. 1979).

Historically, the elevated standard of care applied to merchants by Kavlich v. Kramer, 315 So.2d 282 (La.1975) has not been applied to the hospital setting. Le-Blanc v. Alton Ochsner Medical Foundation, 568 So.2d 312 (La.App. 5th Cir.1990); Robinson v. Gulf Ins. Co., 434 So.2d 487 (La.App. 2nd Cir.1983) unit denied, 439 So.2d 1075. The standard applied to hospitals has always been similar to that which is now applicable to merchants under La.R.S. 9:2800.6. Consequently, when there is a condition on the premises which causes an unreasonable risk of harm and is reasonably foreseeable, it must still be shown that the hospital created the condition, had actual or constructive notice of the condition, and failed to exercise reasonable care.

In this case, Ms. Parfait was allegedly injured when she stepped on a “foreign substance or object”, a sliver of glass, on the floor of the defendant’s emergency room. We find that plaintiffs have failed to satisfy their burden of proving liability on the part of defendant in this case.

First, our review of the record indicates that plaintiffs have not proven the existence of the foreign substance, on the premises, prior to Ms. Parfait’s entrance into that area.

The plaintiff, Maryal Parfait, testified that she was in the | ¡jarea of Bed No. 8 in the emergency room for approximately two hours prior to this incident. During that time, there was no glass broken. She did not carry any broken glass bottle with her. Plaintiff could not state whether she or Ms. Langston brought the glass particle in on the bottom of their shoes.

Audrey Langston, plaintiff’s friend, who was present in the emergency room on the night of this incident, testified that she did not know where the glass came from which penetrated Ms. Parfait’s foot. She further stated that she had no reason to look at the floor just before, nor after, this accident. She only saw the glass following its removal from Ms. Parfait’s foot.

Moreover, the clean-up procedures employed by the defendant would further indicate that it was more probable than not that this “foreign object” was not present in this area prior to Ms. Parfait’s arrival.

Dr.

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