Aрpellant Hope Medical Park Hospital d/b/a Medical Park Doctors Group (Hope) appeals from a Hempstead County jury's verdict in favor of appellees Carrie аnd Thomas Varner on their negligence claim, which arose after Carrie fell and was injured on the hospital's grounds. Hope argues that it was entitled to judgment as a matter of law because it owed Carrie no duty to warn her of a known danger. We reverse and dismiss.
I. Procedural History
In January 2012 the Varners filed an amended complaint against Hope and other defendants
A jury trial was held on March 7 and 8, 2017. The jury returned a verdict for Carrie and Thomas and awarded damages of $350,000 and $0, respectively. Hope filed a
II. Standard of Review
Our standard of review of the denial of a motion for directed verdict is whether the jury's verdict is supported by substantial evidence. Med. Assurance Co., Inc. v. Castro ,
III. Trial Testimony
Carrie tеstified that she had worked as a nurse at the hospital in Hope for approximately fifteen years before the accident. She said that she had worked all three shifts at the hospital. She testified that there was a median with a tree in the middle of it located between a parking lot and the front entrance of the hospital. She said that she had been crossing the median off аnd on for fifteen years. According to Carrie, she was aware that there were tree roots in the median sticking up two to three inches from the ground.
Carrie testified that she was at the hospital on February 18, 2009, to sit for a deposition. She said that she had parked near the median, walked across the median, and entered the hospital. In the front office, she briefly spoke with the secretary, and because she had time before the start of her deposition, she returned to her car to get some paperwork. She said that it was approximately 1:15 p.m. when she was wаlking back to her car. Carrie testified that she could see the tree roots on the day of the accident but recalled that it was "kinda shadowy" under the tree. Carrie testified, "I thought I was walking carefully, and next thing I knew I started stumbling. I had hit the root, and I couldn't regain my balance, and I just kept going head first kinda, and I hit the bumper of a Jeep." Carrie testified that she had been wearing nurse's shoes that day; shе had not been in a hurry; and she did not have her phone with her. Carrie agreed on cross-examination that she thought she could avoid tripping on the tree roots if she was being careful and pаying attention.
According to Carrie, there were no signs directing foot traffic between the parking lot and the hospital. She said that walking across the median was the shortest route in that it was a direct path to the hospital's front entrance. Carrie said that she also crossed the median to avoid walking through traffic on each side of the median. She agreed that she had earlier testified in a deposition that she could have walked around the tree roots.
Dr. Dale Goins, Carrie's coworker and her doctor, testified that he had worked at the hospital since 1985 under various owners. He said that he was familiar with the area in front of the hospital and that he had crossed the median himself and had seen others cross it. He confirmed that there were tree roots in the median. According to Dr. Goins, crossing the median was the fastest way to get to the other side, but it was not the only route. He said,
Kelly Holybee testified that she had worked at the hospital since 1978 or 1979. She said that in February 2009 she was the hospital's safety officer and that it was her job tо protect the employees, staff, visitors, and physicians inside the building and on the grounds. She said that the tree roots in the median were obvious but that she thought a person could walk over the mediаn safely if he or she was paying attention. Holybee testified that, although people crossed the median, it was not a pathway. She confirmed that there were no signs telling people not to walk across the median. She said that no one had reported any concerns to her about the safety of the area in the median. Holybee stated that if she had thought the arеa was unsafe she would have done something about it. She agreed on cross-examination that it would be harder to see the tree roots when they are shaded than when the sunlight is shining through the tree. Shе pointed out that in February there would not have been leaves on the tree.
IV. Discussion
To prevail on a claim of negligence, the plaintiff must prove that the defendant owed a duty to the plaintiff, that the defendant breached the duty, and that the breach was the proximate cause of the plaintiff's injuries. Duran v. Sw. Ark. Elec. Coop. Corp. ,
The question of whether a duty is owed is always a question of law and never one of fact for the jury. Locke v. Cont'l Cas. Co. ,
Carrie was at the hospital to sit for a deposition, so she was a business invitee. A business invitee is one who enters or remains on land for a purpose connected with the business dealings of the owner. Lively v. Libbey Mem'l Physical Med. Ctr., Inc. ,
Carrie had been an employee of the hospital for fifteen years and had walked across the median with its tree roots sticking up many times, including fifteen minutes before she fell and was injured. Carrie testified that she saw the
Despite the оbvious-danger rule, an owner may continue to owe a duty of care to a business invitee who is forced, as a practical matter, to encounter a known or obvious risk to perform his оr her job. Jenkins v. Int'l Paper Co. ,
Reversed and dismissed.
Klappenbach and Whiteaker, JJ., agree.
Notes
The trial court later dismissed the other defendants without prejudice.
Photographs introduced at trial show a circle drive between the median and the hospital's entrance.