Pulley v. Rex Hospital

381 S.E.2d 892, 95 N.C. App. 89, 1989 N.C. App. LEXIS 682
Court of Appeals of North Carolina·Decided August 15, 1989·No. No. 8810SC1188·Published·Cited by 4 cases

Opinions

BECTON, Judge.

The question presented by this appeal is whether summary judgment on plaintiff’s personal injury claim was properly entered in favor of defendant Rex Hospital. We hold that it was.

[90] I

The following facts are taken from the parties’ pleadings, affidavits, and depositions.

At about 10:00 p.m. on 15 July 1984, plaintiff, Janie Pulley, a visitor at Rex Hospital, tripped and fell on the sidewalk outside the hospital’s emergency room entrance. The fall occurred on an uneven part of the sidewalk where two sections of the sidewalk joined. One of the sections was, according to Ms. Pulley, two to three inches higher than the other. (A hospital representative contended that the difference was only one-half inch.)

Ms. Pulley brought suit against the hospital, alleging that her fall was caused by the unevenness of the sidewalk, inadequate lighting, and overhanging tree limbs which obscured her view of the sidewalk. She further alleged that by maintaining these conditions, Rex Hospital breached its duty to her as an invitee to keep the sidewalk area in a reasonably safe condition and to warn of hidden perils. The hospital alleged in defense that the premises were reasonably safe and that Ms. Pulley was contributorily negligent.

The trial judge granted summary judgment in favor of the hospital. Ms. Pulley appealed to this court.

II

Summary judgment should be granted only when the pleadings, depositions, answers to interrogatories, admissions, and affidavits, if any, show that no genuine issue of material fact exists and that any party is entitled to judgment as a matter of law. N.C. Gen. Stat. Sec. 1A-1, R. Civ. P. 56(c) (1983). Summary judgment is a drastic remedy and generally is inappropriate in negligence cases. See Frendlich v. Vaughan’s Foods, 64 N.C. App. 332, 335, 307 S.E.2d 412, 414 (1983). However, summary judgment may be granted in a negligence case when the forecast of the evidence shows either that the defendant was not negligent, or that a complete defense to the claim exists as a matter of law. See, e.g., Sink v. Andrews, 81 N.C. App. 594, 596, 344 S.E.2d 831, 832 (1986); Jacobson v. J.C. Penney Co., Inc., 40 N.C. App. 551, 557, 253 S.E.2d 293, 297, disc. rev. denied, 297 N.C. 454, 256 S.E.2d 807 (1979).

To establish a prima facie case of negligence, Ms. Pulley must show that: (1) Rex Hospital owed her a duty of care; (2) the hospital breached that duty; (3) the breach was the actual and proximate [91] cause of her injury; and (4) her injury resulted in damages. See Jacobs v. Hill’s Food Stores, Inc., 88 N.C. App. 730, 732, 364 S.E.2d 692, 693 (1988). After reviewing the materials in the record on appeal, we conclude that Ms. Pulley was contributorily negligent and that the hospital breached no duty of care owed to her.

Ms. Pulley, as a visitor, was an “invitee” of Rex Hospital. A hospital, like any other business, owes its invitees the duty (1) to exercise ordinary care to maintain the premises in a safe condition, and (2) to warn of hidden dangers or unsafe conditions known to or discoverable by the hospital. See Branks v. Kern, 320 N.C. 621, 624, 359 S.E.2d 780, 782 (1987); Stoltz v. Burton, 69 N.C. App. 231, 234, 316 S.E.2d 646, 647 (1984). However, a hospital is not an insurer of an invitee’s safety, and has “no duty to warn an invitee of a hazard obvious to any ordinarily intelligent person using [her] eyes in an ordinary manner, or one of which the [invitee] had equal or superior knowledge.” Branks, 320 N.C. at 624, 359 S.E.2d at 782-83 (citing Wrenn v. Hillcrest Convalescent Home, Inc., 270 N.C. 447, 448, 154 S.E.2d 483, 484 (1967)). Thus, an invitee is charged with a corresponding “duty to see that which could be seen in the exercise of ordinary prudence, and to use reasonable care to protect herself.” Prevette v. Wilkes Gen. Hosp., 37 N.C. App. 425, 428, 246 S.E.2d 91, 93 (1978).

Ms. Pulley’s own account of the conditions surrounding her fall establish that she could not recover on her claim. First, Ms. Pulley testified at her deposition that the branches overhanging the sidewalk did not prevent her from looking at the sidewalk, and that she “had already passed the tree limb [and was walking upright] before [she] stumbled.” She further stated that “nothing obscur[ed] her view of the sidewalk.” Thus, it is clear that the condition of the tree adjoining the sidewalk was not a proximate cause of her injury. Accord Jacobson, 40 N.C. App. at 556, 253 S.E.2d at 296 (because plaintiff fell after walking off ramp at entrance of store, absence of handrail on ramp was not proximate cause of injury).

Second, Ms. Pulley testified at the deposition that the section of the sidewalk where she fell was illuminated by canopy lights, ground lights, and pole lights around the driving circle. She also admitted that when she returned two hours later to the spot where she fell, “there was enough light at this time [about midnight] to see the sidewalk condition.” We are convinced by this testimony [92] and by our review of the photographic exhibits showing the lighting conditions as they existed at the time of the fall that the light was ample to allow Ms. Pulley to walk in safety. Accord id. at 555, 253 S.E.2d at 296 (lighting held to be sufficient since plaintiff admitted “there was enough light to see the floor in front of me”).

Finally, Ms. Pulley, who had been on that section of sidewalk many times in the past, admitted that she was not looking at the sidewalk as she walked, and that “had [she] been focusing [her] full attention on the sidewalk, [she] would have seen the unevenness.” Under these circumstances, we are constrained to hold that Ms. Pulley’s own contributory negligence entitled Rex Hospital to judgment as a matter of law.

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Pulley v. Rex Hospital, 381 S.E.2d 892, 95 N.C. App. 89, 1989 N.C. App. LEXIS 682 (N.C. Ct. App. 1989).

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