Rowe v. Schumpert Medical Center

647 So. 2d 390, 1994 La. App. LEXIS 3253, 1994 WL 680019
CourtLouisiana Court of Appeal
DecidedDecember 7, 1994
Docket26,334-CA
StatusPublished
Cited by9 cases

This text of 647 So. 2d 390 (Rowe v. Schumpert 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
Rowe v. Schumpert Medical Center, 647 So. 2d 390, 1994 La. App. LEXIS 3253, 1994 WL 680019 (La. Ct. App. 1994).

Opinion

647 So.2d 390 (1994)

Mardell E. ROWE, Plaintiff-Appellant,
v.
SCHUMPERT MEDICAL CENTER, Defendant-Appellee.

No. 26,334-CA.

Court of Appeal of Louisiana, Second Circuit.

December 7, 1994.
Writ Denied March 17, 1995.

*391 Blackman & Blackman by Gordon N. Blackman, Shreveport, for appellant.

Mayer, Smith & Roberts by Mark A. Goodwin, Shreveport, for appellee.

Before LINDSAY, VICTORY and BROWN, JJ.

LINDSAY, Judge.

The plaintiff, Mardell E. Rowe, appeals from a trial court judgment denying her claim for damages against Schumpert Medical Center, arising from personal injuries sustained in a purse snatching incident. For the following reasons, we affirm the trial court judgment.

FACTS

The plaintiff, a licensed practical nurse, was working as a private duty nurse at Schumpert. At the time of this incident, she was 73 years of age. At approximately 10:10 p.m. on August 22, 1988, she was arriving for her 11 p.m. to 7 a.m. shift. Prior to entering the hospital, and when she was approximately 6-10 feet from the emergency entrance, *392 she was accosted by a male assailant who knocked her to the ground and jerked her arm until her purse came loose. The assailant fled with the plaintiff's purse. Schumpert's security officers were called to the scene of the attack, but the assailant was never apprehended.

The plaintiff was taken into the emergency room area of the hospital and treated. She suffered a musculoligamentous strain to the left shoulder, including the rotator cuff. After the attack, the plaintiff also experienced extreme emotional difficulties. She was hospitalized twice due to her psychiatric problems and was diagnosed with post traumatic stress disorder. She also developed a respiratory condition partially related to her emotional state. Following the attack, the plaintiff felt she could no longer work and rarely left her home.

On April 10, 1989, the plaintiff filed suit against the defendant, alleging that the hospital was negligent in failing to provide reasonably safe ingress and egress to the hospital and failing to implement reasonable security procedures for the safety of persons on the premises of the hospital. Specifically, she contended that no security guard was posted at the emergency room entrance, the only accessible entrance to the hospital at that time of night, and the hospital had no surveillance cameras monitoring that area.

Trial on the merits was held on September 2, 1993. The parties entered into a number of stipulations. One of the stipulations concerned another purse snatching incident which occurred on the Schumpert premises in 1987. The parties stipulated the testimony of Ms. Corene Stone who would have testified that in the fall of 1987, she also had her purse snatched. The parties also stipulated that the plaintiff's emergency room charges from Schumpert were $177. The parties further stipulated the admissibility of numerous depositions from physicians who treated the plaintiff, as well as hospital records and hospital security records. The parties also stipulated that there was no security guard at the emergency room entrance or driveway at the time the plaintiff was attacked.

The trial court found in favor of the defendant. In reasons for judgment, the court found that, because Schumpert undertook to provide security, the court's inquiry was not whether the hospital breached a duty to provide security, but whether the security measures and procedures implemented were reasonable. A further inquiry was whether Schumpert could have anticipated and could have prevented this incident.

The court stated that there was extensive testimony regarding Schumpert's security procedures. Schumpert employed and trained its own security personnel. Security personnel patrolled the hospital and the parking lots. Also, numerous closed circuit television cameras were positioned throughout the hospital and were monitored at all times by a security guard. A portion of the emergency room driveway was visible from one of the cameras. The court further noted that security personnel were available to escort anyone requesting the service to and from their vehicles. For those arriving at the hospital, they merely had to contact the security personnel and alert them to the time and place of their arrival.

The trial court noted that statistics involving other criminal activity near the hospital, including purse snatching, did not establish "a common thread or similarity sufficient to place Schumpert on notice of a particular pattern of vulnerability which it should have addressed." The trial court concluded that the evidence did not establish that Schumpert's efforts in providing security personnel and surveillance cameras were unreasonable or inadequate.

The court found that this incident was a random, spontaneous and unforeseeable act of violence that could not have been anticipated at this location under these circumstances. The court found that a preponderance of the evidence failed to establish that Schumpert breached any duty owed to the plaintiff. Therefore, the hospital was not liable.

A judgment rejecting the plaintiff's demands was signed and filed on November 16, 1993. The plaintiff appealed the trial court judgment. She argues that the hospital negligently performed its duty to provide adequate *393 security for persons entering and leaving the hospital. She specifically contends that the hospital was negligent in failing to post a security guard and/or a surveillance camera at the emergency room entrance.

LEGAL PRINCIPLES

In order to determine whether liability exists under the facts of a particular case, the duty-risk analysis is applied. Under this analysis, the plaintiff must prove:

(1) The conduct in question was the cause-in-fact of the resulting harm.
(2) defendant owed a duty of care to the plaintiff.
(3) the requisite duty was breached by the defendant.
(4) the risk of harm was within the scope of protection afforded by the duty breached.

Mundy v. Department of Health, 620 So.2d 811 (La.1993); Harris v. Pizza Hut of Louisiana, Inc., 455 So.2d 1364 (La.1984); Rhodes v. Winn-Dixie Louisiana, Inc., 93-1848 (La.App. 1st Cir. 6/24/94), 638 So.2d 1168; Hauck v. Facility Management of Louisiana, Inc., 94-0225 (La.App. 4th Cir. 5/17/94), 637 So.2d 1154; Coblentz v. North Peters Parking, Inc., 533 So.2d 98 (La.App. 4th Cir.1988).

Whether a duty is owed is a question of law. Whether the defendant has breached the duty is a question of fact. Mundy v. Department of Health, supra; Hauck v. Facility Management of Louisiana, Inc., supra; Rhodes v. Winn-Dixie Louisiana, Inc., supra.

In general, the owner or operator of a facility has the burden of exercising reasonable care for the safety of persons on his premises and the duty of not exposing such persons to unreasonable risks of harm. Mundy v. Department of Health, supra; Harris v. Pizza Hut of Louisiana, Inc., supra; Harrison v. Clark, 607 So.2d 1 (La.App. 2d Cir.1992); Coblentz v. North Peters Parking, Inc., supra; Hardin v. Munchies Food Stores, 510 So.2d 33 (La.App. 2d Cir.1987).

This duty does not extend to unforeseeable or unanticipated criminal acts by third persons. Rhodes v. Winn-Dixie Louisiana, Inc., supra; Coblentz v. North Peters Parking, Inc., supra; Mundy v. Department of Health, supra.

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Bluebook (online)
647 So. 2d 390, 1994 La. App. LEXIS 3253, 1994 WL 680019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowe-v-schumpert-medical-center-lactapp-1994.