Ackerberg v. Muskegon Osteopathic Hospital, No. 74

CourtSupreme Court of Michigan
Writing for the CourtKAVANAGH; Talbot Smith; CARR
Citation366 Mich. 596,115 N.W.2d 290
PartiesWalter ACKERBERG, Plaintiff and Appellant, v. MUSKEGON OSTEOPATHIC HOSPITAL, a corporation licensed to do business in the State of Michigan, Defendant and Appellee. an. Term.
Decision Date18 May 1962
Docket NumberJ,No. 74

Page 290

115 N.W.2d 290
366 Mich. 596
Walter ACKERBERG, Plaintiff and Appellant,
v.
MUSKEGON OSTEOPATHIC HOSPITAL, a corporation licensed to do
business in the State of Michigan, Defendant and Appellee.
No. 74, Jan. Term.
Supreme Court of Michigan.
May 18, 1962.

[366 Mich. 598]

Page 291

Edward C. Wilson, John S. White, Muskegon, for plaintiff and appellant.

Cholette, Perkins & Buchanan, Grand Rapids, (Edward D. Wells, Grand Rapids, of counsel), for defendant-appellee.

Before the Entire Bench.

KAVANAGH, Justice.

Plaintiff sued defendant hospital for damages growing out of certain injuries he received on October 23, 1958, as a result of falling from a platform located in front of the emergency entrance to defendant hospital.

The case was tried by a jury and a directed verdict was entered against plaintiff by the trial judge at the close of plaintiff's proofs.

The question on appeal is, should the court have granted a motion for a directed verdict against plaintiff of no cause of action at the conclusion of plaintiff's case?

Plaintiff had been in the emergency room of defendant hospital securing medical attention for his small daughter, who had fallen in her home and cut her head on an ash tray. Plaintiff, accompanied by his wife and a Mr. Weaver, drove the child to defendant hospital. They entered through the emergency entrance and were directed to the emergency room. Plaintiff, his wife and daughter entered the room. He testified that as a result of a strong odor in this room and the injury to the child, after 4 or 5 minutes he became nauseated and a little dizzy. Feeling the need for fresh air, plaintiff walked out through the emergency entrance on to the rear platform. Plaintiff alleged that because of his dizzy condition

Page 292

he fell sideways from the rear platform. This platform is approximately 16 feet long and extends approximately 5 feet out from the rear wall of the hospital. The height of the platform is variously stated in the record as from 23 to 36 inches. Plaintiff landed on the pavement and sustained a fractured skull and other injuries.

[366 Mich. 599] Plaintiff claims his injuries resulted from the failure of defendant hospital to construct a guard railing, chain or other form of protection on the platform.

The trial court, in granting the motion for directed verdict, based his opinion on the belief that no testimony or exhibits, which were pictures of the platform and ramp, showed any duty on the part of the hospital to put a guard rail or other type of protection around the platform. The trial judge stated, since the plaintiff failed to show such a duty or a breach thereof on the part of defendant, no negligence existed. The trial judge also felt that plaintiff knew the condition of the ramp and platform, having used it on entering the hospital. The court believed the plaintiff had not exercised reasonable care in leaving the anteroom and going out on the platform when he was dizzy and light-headed. The court concluded the proofs in and of themselves showed contributory negligence on the part of plaintiff.

Defendant admits in the record that plaintiff was a business invitee and that the hospital owed a duty to...

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24 practice notes
  • Hoffner v. Lanctoe, Docket No. 142267.
    • United States
    • Supreme Court of Michigan
    • 31 Julio 2012
    ...See, e.g., Riddle v. McLouth Steel Prod. Corp., 440 Mich. 85, 92–94, 485 N.W.2d 676 (1992); Ackerberg v. Muskegon Osteopathic Hosp., 366 Mich. 596, 599–600, 115 N.W.2d 290 (1962). Based on our traditional adherence to the Restatement, it is well established in our jurisprudence that an invi......
  • Riddle v. McLouth Steel Products Corp., Docket No. 89273
    • United States
    • Supreme Court of Michigan
    • 1 Noviembre 1991
    ...Torts, 2d, Sec. 343 of the general legal duty that a premises owner owes an invitee. In Ackerberg v. Muskegon Osteopathic Hosp., 366 Mich. 596, 600, 115 N.W.2d 290 (1962), we " 'A possessor of land is subject to liability for bodily harm caused to business visitors by a natural or artificia......
  • Livings v. Sage's Inv. Grp., LLC, 159692
    • United States
    • Supreme Court of Michigan
    • 30 Junio 2021
    ...Parking , 286 Mich. 80, 82, 281 N.W. 545 (1938), quoting Restatement Torts, § 343 ; see also Ackerberg v. Muskegon Osteopathic Hosp. , 366 Mich. 596, 600, 115 N.W.2d 290 (1962) (stating that § 343 set forth the applicable standard of care for business invitees); Zeglowski v. Polish Army Vet......
  • Gowdy v. United States, No. 4897.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • 12 Julio 1967
    ...situations free a defendant from liability or preclude a plaintiff from recovery. In Ackerberg v. Muskegon Osteopathic Hospital, 366 Mich. 596, 115 N.W.2d 290 (1962), a case involving an appeal from a directed verdict in a personal injury action brought against the defendant, Muskegon Osteo......
  • Request a trial to view additional results
24 cases
  • Hoffner v. Lanctoe, Docket No. 142267.
    • United States
    • Supreme Court of Michigan
    • 31 Julio 2012
    ...See, e.g., Riddle v. McLouth Steel Prod. Corp., 440 Mich. 85, 92–94, 485 N.W.2d 676 (1992); Ackerberg v. Muskegon Osteopathic Hosp., 366 Mich. 596, 599–600, 115 N.W.2d 290 (1962). Based on our traditional adherence to the Restatement, it is well established in our jurisprudence that an invi......
  • Riddle v. McLouth Steel Products Corp., Docket No. 89273
    • United States
    • Supreme Court of Michigan
    • 1 Noviembre 1991
    ...Torts, 2d, Sec. 343 of the general legal duty that a premises owner owes an invitee. In Ackerberg v. Muskegon Osteopathic Hosp., 366 Mich. 596, 600, 115 N.W.2d 290 (1962), we " 'A possessor of land is subject to liability for bodily harm caused to business visitors by a natural or artificia......
  • Livings v. Sage's Inv. Grp., LLC, 159692
    • United States
    • Supreme Court of Michigan
    • 30 Junio 2021
    ...Parking , 286 Mich. 80, 82, 281 N.W. 545 (1938), quoting Restatement Torts, § 343 ; see also Ackerberg v. Muskegon Osteopathic Hosp. , 366 Mich. 596, 600, 115 N.W.2d 290 (1962) (stating that § 343 set forth the applicable standard of care for business invitees); Zeglowski v. Polish Army Vet......
  • Gowdy v. United States, No. 4897.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • 12 Julio 1967
    ...situations free a defendant from liability or preclude a plaintiff from recovery. In Ackerberg v. Muskegon Osteopathic Hospital, 366 Mich. 596, 115 N.W.2d 290 (1962), a case involving an appeal from a directed verdict in a personal injury action brought against the defendant, Muskegon Osteo......
  • Request a trial to view additional results

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