Allen v. State
| Decision Date | 29 December 2020 |
| Docket Number | No. SD36328,No. SD36319,SD36319,SD36328 |
| Parties | PAMELA S. ALLEN and KELLY D. ALLEN, Plaintiffs/Cross-Appellants, v. STATE OF MISSOURI, 32nd JUDICIAL CIRCUIT, Defendant/Cross-Appellant, CAPE GIRARDEAU COUNTY and CITY OF CAPE GIRARDEAU, MISSOURI, Defendants/Respondents. |
| Court | Missouri Court of Appeals |
APPEAL FROM THE CIRCUIT COURT OF STODDARD COUNTY
AFFIRMED
The 32nd Judicial Circuit Court (the State) appeals from a judgment entered in a personal injury action brought by Pamela Allen and Kelly Allen (referred to individually by their given names and collectively as the Allens) after Pamela fell down stairs in the basement of a building occupied by the State to conduct all circuit court operations, including storage of the State's court records. On appeal, the State contends the trial court erred by: (1) denying the State's post-trial motion for judgment notwithstanding the verdict (JNOV); and (2) giving an erroneous verdict-directing instruction to submit the State's liability. Finding no merit in either point, we affirm the judgment. The Aliens' cross-appeal, which only sought relief if the State's points were granted, is moot and need not be addressed.
One of the State's points contends the trial court erred by denying its post-trial motion for JNOV. To review that point, we view the evidence and all reasonable inferences drawn therefrom in the light most favorable to the Allens. Bare v. Carroll Elec. Coop. Corp., 558 S.W.3d 35, 46 (Mo. App. 2018). All contrary evidence and inferences are disregarded. Id. The following summary of facts has been prepared in accordance with these principles.
This lawsuit was filed by the Allens against the State, Cape Girardeau County (County), and City of Cape Girardeau (City) to recover damages for personal injuries and loss of consortium arising from injuries to Pamela. The Allens' suit alleged that Pamela was seriously injured, and Kelly suffered a loss of consortium, when Pamela fell down the basement stairs at the Cape Girardeau Common Pleas Courthouse (the Courthouse).
The Courthouse is an historical building located in downtown Cape Girardeau. Constructed in 1854, the Courthouse is a multi-level structure with a basement area commonly referred to as "the dungeon." City owned the Courthouse upon its construction in 1854. In 1959, City deeded one-half of its ownership interest to County. In 1979, City and County entered into a lease agreement whereby City removed its offices and authorized County to occupy the entire space. The lease provided City with the right to inspect theCourthouse and approve any alternations, but obligated County to maintain the Courthouse and make necessary repairs. County had made alterations to the Courthouse in the past.
County is required by law to provide "suitable quarters" for the State's circuit court. See § 478.035.1 In 1991, County provided the Courthouse for use by the State for all court operations, including storage of court files. At that time, the State became the sole occupant of the Courthouse. Due to space shortages, the State began storing inactive files in the basement of the Courthouse at the direction of the circuit clerk. The basement area had not been modernized since the Courthouse was originally constructed, and it was dark and damp. To access the basement, a person had to descend a set of concrete stairs, which were believed to be original to the Courthouse.
The stairs were not uniform in size, varying in slope, riser height and tread depth. The treads were not level, sloped downward as much as nine percent, and were narrower than modern stairs. The tread depth varied from 8 inches to 9 ¼ inches, meaning to descend the stairway required walking at an angle because adult feet would not fit on the treads. The concrete nosing was chipped in some areas. The riser heights varied from 7 ¾ inches to 8 ½ inches. The stairway had one handrail, was illuminated by a single bulb, and had lower than normal headroom with pipes and wires running overhead. The door to the basement area had a lock installed by County employees at the direction of the circuit clerk. The stairway was locked most of the time. The State's clerks and County maintenance personnel were the only persons with keys to the entrance of the basement stairway. Toaccess records stored in the basement, a person had to obtain a key from one of the State's court clerks.
The court staff did not have time to retrieve files for title companies, so a clerk would have to provide a key to a title company employee. Pamela had worked in the land title business for many years. Her employer, United Land Title, required access to court files and judgments to process land sales and transfers. Some of the court records Pamela needed for her job were in the basement of the Courthouse.
On August 26, 2013, Pamela received a request to retrieve "a couple of judgments." The records she needed were in the basement of the Courthouse. She went to the Courthouse and requested a key to the basement from a State's deputy clerk. Pamela was told by the clerk to "grab the key." Pamela went to the entrance of the stairway to unlock the basement door. There were no warning signs posted on or near the basement doorway. After unlocking the door, Pamela began slowly descending the stairs at an angle because her feet did not fit on the stair treads. During her descent, she gripped the handrail. She looked up to make sure there was no movement above her on the pipes and wires, and looked down as she stepped. At the second or third step from the landing, Pamela stepped with her left foot and felt it slip off the stair. She fell forward and hit the landing of the stairs. Pamela sustained several injuries, but the worst pain was in her left leg. She could not stand up, so she crawled to the top of the stairway. Upon reaching the entrance, she called out for the on-duty officer, who responded.
Pamela was treated at the hospital emergency room and diagnosed with a broken left leg. Her leg was placed in a cast, and she was instructed to keep her left leg elevated as much as possible during her recovery.
On September 7, 2013, Pamela was at home. She began having significant pain in her chest and back, and experienced breathing difficulties. She called 911 and was taken to the hospital. There, she was diagnosed with a deep vein thrombosis in her left leg and an acute saddle embolus. She had suffered a pulmonary infarction, which caused part of her lung tissue to die. She was placed on blood thinners, and a filter was implanted to prevent further clots from traveling up her left leg. She was hospitalized for 12 days.
Shortly after Pamela's injury, County Commissioner Paul Koeper contacted the State and expressed his concern that the State was allowing "any citizens going down into the basement with the narrow steps and low ceiling unsupervised." Circuit Clerk Patti Wibbenmeyer provided the following response by email:
Although I realize it's not a good idea to let the title companies go down in the basement, it doesn't reduce the possibility of an accident by having a member of our staff go down instead. The stairs are just one of the hazards. Climbing ladders down there is another. We have had some small mishaps but nothing to go to the Dr about. We've been lucky until now. My biggest fear is having someone lay downstairs a long time before someone notices they are missing.
Circuit Clerk Wibbenmeyer agreed that the court records should be removed from the Courthouse, and they were placed in the Archive Center in Jackson, Missouri.
Thereafter, the Allens sued the State, County, and City to recover damages for Pamela's personal injuries and Kelly's loss of consortium. In relevant part, the Allens' first amended petition alleged that Pamela was injured by a dangerous condition of the State's property.
The case was tried to a jury over three days in May 2019. At the close of the Allens' evidence, City's motion for directed verdict was granted because City did not control the basement. At the close of all the evidence, the State also moved for a directed verdict. Oneground was that the State was not aware that the stairs were in a dangerous condition. The State's motion was denied.
When the case was submitted to the jury, Instruction No. 7 was the verdict-director against County. Instruction No. 8 was the verdict-director against the State. In Verdict Form A, the jury apportioned 90% fault to the State and 10% fault to Pamela, and assessed her total damages at $475,000. The jury found against Kelly on his loss of consortium claim. In Verdict Form B, the jury assessed 0% fault to County. The court entered judgment: (1) in favor of Pamela and against the State in the amount of $427,500; and (2) in favor of City and County and against the Allens. The State filed a timely post-trial Rule 72.01(b) motion for JNOV, which reasserted the aforementioned ground presented at the close of all the evidence.
The State appealed from the judgment and presents two points for decision. For ease of analysis, we will address the State's points in reverse order. Additional facts will be included below as we address these two points.
In Point 2, the State contends the trial court erred in denying the State's post-trial motion for JNOV. The State argues that there was insufficient evidence to prove the State knew the stairs were a dangerous condition. We disagree.
We use the following standard of review to determine whether the trial court erred in denying the State's motion for JNOV:
A case may not be submitted unless each and every fact essential to liability is predicated on legal and substantial evidence. Whether the plaintiff made a submissible case is a question of law that this Court reviews de novo. To determine whether a directed verdict or judgment notwithstanding theverdict should have been granted [an...
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