96 So. 3d 1243
La. Ct. App.2012Background
- In December 2004, Edith Sassone stayed with her hospitalized husband at Lindy Boggs Medical Center (LBMC).
- On December 28, 2004, Sassone slipped on a liquid while answering a telephone and fractured her shoulder.
- Hospital Housekeeping Systems, Ltd. (HHS) provided janitorial services for LBMC, and an HHS employee had mopped the room prior to the fall.
- Sassone sued HHS and LBMC; LBMC was dismissed with prejudice; Hymes (HHS employee) was later added as a defendant.
- A bench trial occurred May 23–24, 2011; September 7, 2011 judgment awarded Sassone $60,000 in general damages, reduced to $50,000 by stipulation.
- The trial court held that HHS owed a duty to protect or warn in this context and breached that duty; Sassone was not at fault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court's factual finding about Sassone's awareness of the wet floor is supported. | Sassone did not see Hymes; no warning or sign; wet floor was hidden or not clearly marked. | Sassone knew the floor was wet and still answered the phone, making the accident her fault or comparatively liable. | Affirmed; factual findings have reasonable basis and are not manifestly erroneous. |
Key Cases Cited
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (great deference to trial court on credibility findings)
- S.J. v. Lafayette Parish School Bd., 41 So.3d 1119 (La. 2010) (manifestly erroneous standard for factual review)
- Cole v. State Department of Public Safety & Corrections, 825 So.2d 1134 (La. 2002) (two permissible views doctrine in appellate review)
- Stobart v. State through Dept. of Transp. & Dev., 617 So.2d 880 (La.1993) (two-permissible-views standard for fact-finding)