Bates v. U.S. Gov't&u.S. Gen. Servs. Admin.
| Citation | 3 F.Supp.3d 1311 |
| Decision Date | 12 March 2014 |
| Docket Number | Civil Action No. 13–00051–KD–C. |
| Parties | Carolyn BATES, Plaintiff, v. UNITED STATES GOVERNMENT and United States General Services Administration, Defendants. |
| Court | U.S. District Court — Southern District of Alabama |
OPINION TEXT STARTS HERE
Carolyn Bates, Selma, AL, pro se.
Patricia Nicole Beyer, U.S. Attorney's Office, Mobile, AL, for Defendants.
After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation (Doc. 49) of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated February 14, 2014, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Motion for Partial Dismissal (Doc. 21) filed by the United States is GRANTED in part and DENIED in part as set out in the Report and Recommendation.
Pursuant to Federal Rule of Civil Procedure 54(b), the Court determines there is no just reason for delay and will enter a separate final judgment under Federal Rule of Civil Procedure 58 as to Defendant the United States General Services Administration only.
This matter is before the Magistrate Judge for entry of a report and recommendation, pursuant to 28 U.S.C. 636(b)(1)(B), on the motion of the United States of America (“United States”) for partial dismissal and supporting memorandum (doc. 21), the Plaintiff's response (doc. 29) and the United States' reply (doc. 38). After consideration of the motion and briefs, as well as the parties' filings, it is the Magistrate Judge's RECOMMENDATION that the motion be GRANTED IN PART and DENIED IN PART as discussed below.
The Plaintiff, proceeding pro se, brings this action pursuant to the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2675, and asserts claims of negligence, gross negligence and negligent infliction of emotional distress against the United States and the United States General Services Administration (“GSA”). (Doc. 17.) According to the Plaintiff's Amended Complaint ( id.), filed August 9, 2013, this case arises out of an incident that occurred on August 27, 2009, at the federal courthouse in Selma, Alabama, when the Plaintiff allegedly fell and injured herself while attempting to sit on a pew in the hallway. ( Id., 8–11.)
Following the incident at the courthouse on August 27, 2009, the Plaintiff filed a claim with the GSA regarding her injury. Plaintiff alleges that she “timely filed the Standard From 95 (SF 95) and sought relief for her Claim with the United States General Services/Administration.” ( Id., 15.A.) Furthermore, the government has attached to its Motion for Partial Dismissal the following three items: the Plaintiff's November 25, 2009 letter to the GSA giving notice of her injury (doc. 21–3); the Plaintiff's Standard Form 95 (“SF 95”), indicating that the Plaintiff submitted her claim to the GSA on February 24, 2010 (doc. 21–2), and an affidavit the Plaintiff submitted to the GSA on August 23, 2011, which provides more extensive details regarding her claim (doc. 21–1).
In her SF 95, the Plaintiff stated that she sought $600,000.00 for her disabling and permanent injuries that resulted from the incident that occurred on August 27, 2009, at 11:00 a.m. (Doc. 21–2, 6–7, 10, 12d.) The Plaintiff did not directly include on the SF 95 the basis of her claim and the facts and circumstances surrounding her injury. ( See id., 8.) However, the Plaintiff specifically referenced her November 25, 2009 letter and her August 23, 2011 affidavit, which were apparently attached to the SF 95.1 ( See id.) (“See Attachment I, Document dated November 25, 2009 and Affidavit title: Notice file federal Tort Personal Injury and Consortium Claim.”)
In the Plaintiff's November 25, 2009 letter the Plaintiff notified the GSA of “an unsecured seating bench accident on August 27, 2009 .... in the United States Federal Courthouse located at 908 Alabama Avenue, Selma, AL 36701.” (Doc. 21–3.) The Plaintiff explained that she was injured when she
attempted to sit on an unknown unsecured seating bench on the second floor and left side of the hallway waiting area in the United States Federal Courthouse. The bench suddenly flipped over on top of [her] fiercely thrusting [her] to the floor without any way to catch [her]self or support the fall from the unsecured bench.
[She] sustained injury to [her] lower back and right hip that's required injections for both severe back and hip pain. [She] [has] been diagnosed with Lowe [sic] Back Injury and Right Hip Acute Bursitis, and [she] [has] been instructed to use a cane by [her] physician Dr. Park due [to her] injury.
( Id.) Further, the Plaintiff identified the physicians treating her for her injuries and submitted copies of her medical bills. ( Id.)
In the Plaintiff's August 23, 2011 affidavit, which she titled “Notice File Federal Tort Personal Injury and Consortium Claim,” she stated that the GSA “knew or should have known about [the] negligent, tortious and unsafe environment [that] caused severe injuries, emotional distress, loss of earning, and personal harm to [a] special needs, United States Citizen.” (Doc. 21–1 at 1.) She described the incident as follows:
August 27, 2009, Defendant GSA has a long, large, heavy and negligent unsecured pew unbounded on hardwood flooring on the second floor and left side of the hallway waiting area in the United States Federal Courthouse, Dallas County. As Claimant made contact to sit on the bench, it suddenly flipped over on top of Claimant, fiercely thrusting to the floor without any way to catch or break the fall. As a result Claimant was flipped off [the] pew to [the] floor, dazed, traumatized and bruised that caused for assistan[ce] of Bernetta Shields and husband, two witnesses [who] lifted the bench off Claimant to become free and assisted [her] off the floor to seek medical help and report[ ] the incident to Defendant, U.S. GSA staff.
( Id.) In addition, the Plaintiff extensively detailed her injuries and medical treatment and itemized her damages. ( Id. at 2–3.)
The Plaintiff alleges that the GSA denied her claim on August 8, 2012, and informed her that she had six months to file suit in a United States District Court. (Doc. 17, 16.)
On February 1, 2013, the Plaintiff filed her original Complaint (doc. 1) and, on August 9, 2013, the Plaintiff filed an Amended Complaint (doc. 17), which is the pleading at issue.
The Plaintiff asserts three counts in the Amended Complaint: negligence, gross negligence and negligent infliction of emotional distress. ( Id.) She alleges the following facts regarding the incident at the courthouse:
8. Plaintiff, Carolyn Bates, was a guest/visitor/invitee in the United States Federal Government/Courthouse/Building, Selma, Alabama on or about August 27, 2009 when she fell and injured herself per the negligence of the named Defendants in this matter.
9. That, indeed, Plaintiff, Carolyn Bates, was in the United States Federal Government/Building in Selma, Alabama for a hearing as a Representative of Selma Disability Advocacy Group on the behalf of a Client for Social Security Disability.
10. The floors in the United States Federal Government/Courthouse/Building were in disrepair at the time of the incident which caused Plaintiff to fall and severely injure herself.
11. The pew on which the Plaintiff attempted to sit was not fastened to the floor to prevent it from turning over and falling, and because it was not fastened to the floor, it tumbled and caused Plaintiff to fall and severely injure herself.
12. The floors in the United States Federal Government/Courthouse/Building located in Selma, Alabama where this incident took place were wet at the time of the incident.
13. There were not any signs posted noting the aforementioned in paragraphs 10 (ten), 11 (eleven), and 12 (twelve), and because there were not any signs, Plaintiff was unaware of the disrepair of the floors, the unfastened/unbolted pew and the wetness of the floor that caused Plaintiff to fall and severely injure herself.
( Id., 8–13.)
Furthermore, the Plaintiff reiterated the facts listed above when alleging each of her three counts. In Count I asserting negligence, the Plaintiff alleges that the Defendants “breached their duties to provide reasonably safe facilities by failing to provide signs noting disrepair and unstable pews, unsafe floors, and safely secured and fastened pews for invitees/guests/visitors such as the Plaintiff.” ( Id., 19.) In Count II asserting gross negligence, the Plaintiff alleges that the Defendants “breached their duties to provide reasonably safe facilities by wantonly, willfully, and recklessly failing to provide safe floors, dry floors and safely secured and fastened pews for a invitee/guest/visitor such as the plaintiff.” ( Id., 32.) In Count III asserting negligent infliction of emotional distress, the Plaintiff alleges that the Defendants “failed to post any warning and/or signs noting the disrepair and wetness of the floors as well as noting that the pew was not stabilized and fastened properly to the floor to prevent it from over turning.” ( Id., 40.) In all three counts the Plaintiff seeks compensatory damages, as well as pre-judgment and post-judgment interest on all amounts awarded to the Plaintiff. ( Id., Count I, G, Count II, G, Count III, G.)
On September 4, 2013, the United States filed a Motion for Partial Dismissal (doc. 21). On September 30, 2013, the Plaintiff filed a brief in response to the government's motion (doc. 29), and on November 21, 2013, the United States filed its reply (doc. 38).
In its motion, the government argues (1) that the GSA should be dismissed from this case because it is not a proper defendant under the FTCA; (2) that Plaintiff's demand for prejudgment...
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