Williamson v. ST. FRANCIS CABRINI HOSP.

763 So. 2d 50, 2000 WL 573116
CourtLouisiana Court of Appeal
DecidedMay 10, 2000
Docket99-1741
StatusPublished
Cited by6 cases

This text of 763 So. 2d 50 (Williamson v. ST. FRANCIS CABRINI HOSP.) 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
Williamson v. ST. FRANCIS CABRINI HOSP., 763 So. 2d 50, 2000 WL 573116 (La. Ct. App. 2000).

Opinion

763 So.2d 50 (2000)

Elizabeth WILLIAMSON, et al.
v.
ST. FRANCIS CABRINI HOSPITAL OF ALEXANDRIA, et al.

No. 99-1741.

Court of Appeal of Louisiana, Third Circuit.

May 10, 2000.
Rehearing Denied June 28, 2000.
Writ Denied October 6, 2000.

*52 Daniel Brenner, Bolen & Erwin, Alexandria, Counsel for Plaintiffs-Appellants.

C. Edgar Cloutier, Christovich & Kearney, New Orleans, Counsel for Defendants-Appellees.

(Court composed of Judge HENRY L. YELVERTON, Judge BILLIE COLOMBARO WOODARD, Judge GLENN B. GREMILLION).

GREMILLION, Judge.

This appeal arises out of an alleged trip and fall accident at St. Francis Cabrini Hospital (Hospital) in Alexandria, Louisiana. The plaintiffs, Elizabeth and Riley Williamson, brought suit against Otis Elevator Company (Otis) alleging that the elevator, built and maintained by Otis, malfunctioned causing Elizabeth to trip.

FACTS AND PROCEDURE

On the afternoon of December 9, 1996, the Williamsons boarded the number two elevator in the annex of the Hospital after leaving Elizabeth's doctor's office on the second floor of the hospital annex. When the elevator arrived at the ground floor, Riley exited without incident, however, Elizabeth tripped and fell to the floor, landing on her knee. The fact that Elizabeth fell is undisputed.

The Williamsons did not immediately report the alleged accident to anyone at the hospital, but rather returned to their home in Lecompte, Louisiana. They later reported the incident to the hospital by telephone. Katherine Hilton, the hospital's Assistant Risk Manager, took the call and memorialized the substance of the complaint in a "Variance Report." Hilton testified that Elizabeth asserted that she "stumbled over the opening between the elevator and the floor." Hilton offered Elizabeth the option of a medical examination, but she declined the offer as she did not feel it was necessary. The next day, Elizabeth again called the hospital; on this occasion she complained of injuries as a result of the incident and requested a doctor's appointment.

Pursuant to Elizabeth's call, Hilton scheduled an appointment for her with the Hospital's occupational director, Dr. Brown.[1] Elizabeth saw Dr. Brown on December 10, 1996 and Jan. 16, 1997. Later, Elizabeth went to Bunkie General Hospital for treatment and was referred to Dr. Foster, an orthopedic surgeon in Alexandria, Louisiana. She was subsequently referred by Dr. Foster to Dr. David S. Muldowney, who treated her from September 4, 1997, to January 29, 1999.

The Williamsons claimed the elevator floor was one to two inches lower than the adjacent floor of the lobby and that Elizabeth's foot came in contact with the edge causing her to fall. They asserted that the unlevel condition was caused by the presence of hotter than normal hydraulic oil within the elevator's hydraulic system. The Williamsons originally brought suit *53 against both the Hospital and Otis, however, the Hospital was dismissed from the suit after the trial on the merits began.

All seventeen elevators of the St. Francis Cabrini Medical Complex were manufactured, installed, and maintained by Otis. All maintenance and repair to the elevators was performed exclusively by Otis employees. Otis provided two types of services to the hospital: routine maintenance/repair and call back services. Call backs were service calls performed in addition to the routine maintenance/repairs and were initiated by a customer's complaint advising Otis of a specific problem. Routine maintenance/repair services were performed by Jessie Cambers in his daily visits to the hospital. Among his duties, Chambers rode the elevators to verify that they were operating properly and checked the hydraulic fluid and contacts. Records of call backs were kept by the Hospital and documented in a "Supervisor's Survey Report," but no records were kept concerning routine maintenance. There were six call backs on the elevator in question during 1996 and zero misleveling complaints in the year leading up to December 1996. Eight days after the alleged accident, a leveling problem was noted with the elevator which required the P.T.O. (thermal overload mechanism switch) be reset.

In 1979, Elizabeth underwent back surgery at the L4-5 disc level and was diagnosed as suffering from general degenerative arthritis throughout her body. She is now diagnosed as suffering from wide-based posterior left lateral disc herniation at L4-5, posterior lateral disc herniation at L5-S1, as well as a horizontal oblique tear of the posterior horn of the medial meniscus. She also has some arthritic changes on the under surface of the patella and has endured severe headaches from a strained neck. Elizabeth was prescribed a regime of muscle relaxers, pain medication, antidepressants, sleep medication, and massage to treat her condition. She was also referred to Dr. Norman Anseman, a psychiatrist.

At trial, the Williamsons sought to have the trial court charge the jury as to the application of the principle of res ipsa loquitur to the facts and evidence presented, but the trial court refused their request. After a trial on the merits, the jury found no liability on the part of Otis. The Williamsons appeal asserting that: 1) the trial court committed manifest error in refusing to charge the jury with the principle of res ipsa loquitur, and 2) the no documentation policy of Otis created a presumption against it, and that such evidence would have been adverse to the liability interest of Otis. As such, the Williamsons argue that the jury committed manifest error in failing to find Otis at fault.

ASSIGNMENT OF ERROR NUMBER ONE

Standard of Review

The Williamsons assert that the trial court committed "legal error" in refusing to give the jury a specific charge regarding res ipsa loquitur. We have held that a trial court is not required to give each specific jury instruction requested by a party. Iorio v. Grossie, 94-846 (La.App. 3 Cir. 10/4/95); 663 So.2d 366. However, a trial court should give all requested instructions that correctly state the law, provided that they are material and relevant to the litigation. Lincecum v. Missouri Pacific R.R. Co., 452 So.2d 1182 (La.App. 1 Cir.), writ denied, 458 So.2d 476 (La.1984). Omission of a requested instruction containing an essential legal principle may constitute reversible error. Evangeline Farmers Coop. v. Fontenot, 565 So.2d 1040 (La.App. 3 Cir.1990). Nevertheless, a trial court has fulfilled its duty if its instructions fairly and reasonably point out the issues presented by the pleadings and evidence and provide the principles of law necessary to resolve those issues. Crooks v. National Union Fire Ins. Co., 620 So.2d 421 (La.App. 3 Cir.), writs denied, 629 So.2d 391, 392 (La.1993).

*54 An appellate court must exercise great restraint before overturning a jury verdict on the basis of erroneous instructions. Creel v. S.A. Tarver & Son Tractor Co., 537 So.2d 752 (La.App. 1 Cir.1988). We will overturn the jury's verdict on the basis of such an error only if the instructions, taken as a whole, were so incorrect or inadequate as to preclude the jury from reaching a verdict based on the relevant law and facts. Laborde v. Velsicol Chem. Corp., 474 So.2d 1320 (La.App. 3 Cir.1985), writs denied, 480 So.2d 738 (La.1986). Ultimately, the pertinent inquiry is whether the jury was misled to such an extent that a just outcome was frustrated. Creel, 537 So.2d 752.

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Bluebook (online)
763 So. 2d 50, 2000 WL 573116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-st-francis-cabrini-hosp-lactapp-2000.