Renswick v. Wenzel

819 N.W.2d 198, 2012 WL 3082282, 2012 Minn. App. LEXIS 78
CourtCourt of Appeals of Minnesota
DecidedJuly 30, 2012
DocketNo. A11-1719
StatusPublished
Cited by8 cases

This text of 819 N.W.2d 198 (Renswick v. Wenzel) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Renswick v. Wenzel, 819 N.W.2d 198, 2012 WL 3082282, 2012 Minn. App. LEXIS 78 (Mich. Ct. App. 2012).

Opinion

OPINION

ROSS, Judge.

New Year’s Eve party guest Kari Ren-swick tumbled down the stairs into Jason Wenzel’s basement, breaking both her wrists. She sued Wenzel for negligence. The question at trial was the reason for Renswick’s fall; Wenzel asserted that the fall resulted from Renswick’s being under the influence of drugs and alcohol, while Renswick asserted that it resulted from Wenzel’s negligent failure to adequately light the stairway landing or to warn her about its dangerous design. The jury found them equally negligent and the district court awarded Renswick damages accordingly. Wenzel unsuccessfully moved the district court to order judgment in his favor or a new trial. We affirm the district court’s judgment because primary assumption of the risk does not apply to eliminate Wenzel’s duty of care; because the evidence supports the negligence finding and damages award; because no harm resulted from the district court’s alleged error of failing to instruct the jury as to negligence per se; because the dangerous nature of the entryway in relation to the stairway was not open and obvious; and because Minnesota Statutes section 548.251 (2010) excepts Medicare payments and negotiated discounts from constituting a collateral-source offset.

FACTS

Jason Wenzel hosted a small, after-dark 2008 New Year’s Eve party in his garage. Wenzel’s garage has no bathroom. It is detached from Wenzel’s Winona home. Reveler Kari Renswick left the garage to go into the house to use the bathroom. Renswick fell down the basement stairs almost instantly after she entered the home’s rear door.

A 3-foot by 8-foot entryway floor just inside the home’s rear door leads both immediately to the kitchen (to the right after entering) or immediately to the basement stairs (forward after entering). An interior door separates the entryway from the kitchen. Another interior door previously separated the entryway from the basement stairs, but it had been removed, leaving only the jamb, hinges, and open access to the stairs.

The rear entryway is not illuminated by an interior overhead light. It receives some light from the kitchen, but not when the kitchen door is closed. It also receives some light from an exterior lamp mounted above the exterior door and from a floodlight mounted on the garage and directed toward the house. Earlier on the night of the party, Wenzel’s wife, Chelsea, had gone from the garage to the house and then returned to the garage, closing the kitchen door behind her. This was consistent with her practice; the Wenzels kept the kitchen door closed for their children’s safety. The exterior lights over the rear door and on the garage were on.

Renswick had ingested medication, illegal drugs, and alcohol before her fall. She had taken various prescribed medicine, including Acebutolol, Baclofen, Citalopram, Hydrocodone, Fentanyl, and Provigil. She had smoked marijuana before the party. And she consumed one and a half cans of beer at the party.

[203]*203Renswick announced that she needed to use the bathroom. Wenzel and his wife claimed not to have heard the announcement. Renswick had previously visited the Wenzel home and knew where the bathroom was located. She walked to the home’s rear, and she opened the storm door and exterior door. She stepped onto the entryway floor with her right foot. Once inside, Renswick had to rely only on the exterior lights, which allowed her to see the knob to the kitchen door on her right. She needed to pass through the kitchen to reach the bathroom.

Renswick never got to the bathroom. With her right foot on the entryway floor, Renswick reached for the doorknob. At the same time, she brought her left foot around into the entryway. But her left foot did not land squarely on the entryway floor; instead, it partially or completely entered the stairway. Renswick lost her balance and tumbled down the stairs into the basement.

The fall seriously injured Renswick. She was knocked unconscious after her head struck a concrete wall at the bottom of the stairs. After she awoke, she crawled up the stairs using only her knees and elbows. She struggled out to the garage and pounded on the door. Chelsea and another party guest drove Renswick to an emergency room in Winona and she was transferred to a hospital in La Crosse, Wisconsin. X-rays revealed that both her arms were broken just above her wrists, and she suffered ligament and tendon tears. The break in her left arm appeared the worst, leaving the bones “grossly displaced” and her arm “bent” with the break extending into her wrist joint. Dr. Charles Hayden realigned the bones and placed splints on both wrists. Within two weeks he operated on both wrists, inserting plates, screws, and pins to remain permanently. One of the plates in her left arm later had to be removed because of chronic pain. Three months after the fall, on March 11, 2009, Dr. Hayden cleared Renswick to work.

The emergency room visit immediately after the fall revealed that Renswick had ingested various chemicals. Renswick provided a urine sample that tested positive for alcohol, methamphetamine, amphetamine, and marijuana.

Renswick sued Wenzel, alleging that his negligence caused her serious and permanent injuries. She claimed that he negligently failed to maintain a safe entryway using gates and lighting or to warn her of the dangerous proximity of the entry and basement stairs. Wenzel answered by asserting that Renswick’s own negligence caused her injuries and that she had assumed the risk of injury by failing to act safely. He unsuccessfully moved the district court for summary judgment and to exclude Renswick’s claim for future medical expenses and future pain and suffering.

At trial, a toxicologist opined on Wen-zel’s behalf that Renswick’s combination of drugs and alcohol impaired her thinking and balance. Renswick introduced testimony that the Wenzels usually kept the kitchen door closed specifically because the basement stairs were dangerous to their children. Renswick also testified that, the moment she announced her fall, Wenzel turned to his wife and asked if she had left the kitchen light on or the kitchen door open, and she responded that she had not.

The jury found Renswick and Wenzel each 50-percent negligent. It valued Ren-swick’s resulting injuries at $190,313, as follows: $48,813 for medical expenses; $1,500 for lost wages; $10,000 for embarrassment and emotional distress; $40,000 for past pain and disability; and $90,000 for future pain and disability. The district court apportioned the damages and awarded Renswick $95,156 based on the jury’s finding of 50-percent comparative fault.

[204]*204After trial, Wenzel unsuccessfully moved the district court to enter judgment in his favor as a matter of law on various liability theories, or to reduce the damages by the amount of medical benefits that Renswick received from Medicare based on Minnesota’s collateral-source statute. The district court entered judgment in Renswick’s favor.

Wenzel appeals.

ISSUES
I. Is Wenzel entitled to a new trial because the evidence does not support an award of damages for future pain and disability; or because Ren-swick primarily assumed the risk of injury; or because the district court failed to instruct the jury that using marijuana and methamphetamine constitutes negligence per se?
II.

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Cite This Page — Counsel Stack

Bluebook (online)
819 N.W.2d 198, 2012 WL 3082282, 2012 Minn. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renswick-v-wenzel-minnctapp-2012.