251 So. 3d 1151
La. Ct. App.2018Background
- On June 19, 2014, Torsor Toussaint slipped and fell in a hallway at Baton Rouge General Medical Center (BRGMC) after a housekeeper mopped a small spill and left one "wet floor" sign near the mopped area.
- Housekeeper Lakeysha Franklin mopped the spill with a damp mop (without her cart/wringer) and repositioned a single wet-floor sign in the center of the mopped area; surveillance video shows her mopping and several people walking through the vicinity before and after.
- After checking in, Toussaint walked back through the corridor on the opposite side of the sign, slipped on what she described as an excessive amount of water, and injured her knee (and complained of neck/back/shoulder pain).
- Toussaint sued BRGMC and its housekeeping contractor HHS; she settled with HHS during trial and reserved rights against BRGMC. The trial court found BRGMC 100% at fault and awarded $6,900.40 special damages, $15,000 general damages, and $1,500 deposition costs.
- BRGMC appealed, arguing (1) plaintiff failed to prove a foreign substance/negligence, (2) the hospital acted reasonably under its housekeeping policies, (3) the court should have allocated comparative fault to Toussaint and/or HHS, and (4) the general damages award was excessive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Toussaint prove she slipped on a foreign substance and create a presumption of negligence? | Toussaint: video, testimony, and post-fall observation of wet floor show she slipped on water. | BRGMC: spill was small; video doesn’t show widespread wetness; plaintiff didn’t establish foreign substance at the spot. | Court: affirmed trial court — evidence (testimony + video context) supports conclusion she slipped on a wet floor. |
| Did BRGMC rebut the presumption by acting reasonably to discover/correct the hazard? | Toussaint: BRGMC failed to adequately warn (only one sign) and failed to station staff to prevent spreading. | BRGMC: housekeeper followed HHS/BRGMC policies; one sign can be sufficient for spot-mopping. | Court: BRGMC did not act reasonably — housekeeper lacked cart/wringer, used one sign centrally on a larger wet area; failure to take additional precautions unreasonable. |
| Should comparative fault have been allocated to Toussaint or HHS? | Toussaint: she saw the sign and was focused on walking; hazard not apparent where she fell. | BRGMC: Toussaint admitted seeing sign—she was negligent for not watching; HHS created policies so should share fault. | Court: no manifest error in trial court’s 0% fault allocation to Toussaint or HHS — credibility and evidence support plaintiff and show HHS policy was not followed. |
| Was the $15,000 general damages award excessive? | Toussaint: ongoing pain, treatment, and physician testimony linking knee injury to fall justify award. | BRGMC: only about five months of treatment for soft-tissue injury; award should be minimal. | Court: award not an abuse of discretion — trier of fact credited ongoing symptoms and physician opinion. |
Key Cases Cited
- Smith v. Northshore Reg'l Med. Ctr., Inc., 170 So.3d 173 (La. App. 1 Cir. 2015) (discusses hospital duty and reasonableness standard for slip-and-fall claims)
- Terrance v. Baton Rouge Gen. Med. Ctr., 39 So.3d 842 (La. App. 1 Cir. 2010) (distinguishes merchant statute and applies negligence standard for hospitals)
- Stobart v. State through Dept. of Transp. & Dev., 617 So.2d 880 (La. 1993) (standard of appellate review for factual findings — manifest error/clearly wrong)
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (deference to factfinder’s credibility determinations)
- Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La. 1993) (standard for appellate review of general damages; great deference to trier of fact)