City of Clinton v. Smith
| Decision Date | 23 October 2003 |
| Docket Number | No. 2002-CA-01670-SCT.,2002-CA-01670-SCT. |
| Citation | 861 So.2d 323 |
| Parties | CITY OF CLINTON, Mississippi v. Ernest SMITH. |
| Court | Mississippi Supreme Court |
Kenneth R. Dreher, Ridgeland attorney for appellant.
Joel W. Howell, III, Jackson, attorney for appellee.
EASLEY, Justice, for the Court.
¶ 1. On February 5, 1996, Ernest Smith (Smith) fell while exiting the municipal court building in Clinton, Mississippi. Smith left the building by way of the handicap ramp. Due to the ice and snow on the ramp, Smith slipped and fell. Smith received medical treatment for his injuries from the fall.
¶ 2. Smith filed suit against the City of Clinton in the Circuit Court of the First Judicial District of Hinds County, Mississippi, on May 5, 1997. On January 31, 1997, written notice was given to Rosemary Aultman, as Mayor of Clinton, Mississippi, prior to filing suit regarding Smith's February 5, 1996, accident and the injuries which resulted. Circuit Judge Winston L. Kidd conducted a bench trial pursuant to Miss.Code Ann. § 11-46-13(1) (Rev.2002). The trial court rendered a final judgment in the amount of $150,000 for Smith. From this decision, the City filed its appeal to this Court.
FACTS
¶ 3. On February 5, 1996, Smith went to the municipal court building in Clinton, Mississippi to pay a fine for a DUI offense. The City concedes that the City of Clinton had been struck by a severe ice storm. Smith entered the building by the steps into the building. He observed ice and snow on the steps. Smith observed no warning or flags regarding the ice and snow accumulation. When Smith exited the building, he left by way of the wheelchair ramp. The City concedes that Smith slipped and fell exiting the building sustaining some injury.
¶ 4. Paramedics took Smith to the Mississippi Methodist Hospital where he was treated and released on medication. A week or two later, Smith went to see Dr. Bill Spell at the University Hospital. Dr. Spell took x-rays. Smith was referred to Dr. Robert Smith (Dr. Smith), a neurosurgeon, for treatment by another doctor also named Dr. Robert Smith.
¶ 5. Dr. Smith initially saw Smith on April 25, 1996. Dr. Smith saw Smith again on June 20, 1996, for his complaints of arm tingling, uncomfortable feeling in his right hand, trouble using his hands, weakness of his right wrist and absence of triceps and brachioradialis reflex on the right. Dr. Smith ordered further x-rays. The scan revealed a tight canal. The intervertebral foramen at C6-7 was severely comprised bilaterally. Dr. Smith stated that Smith must have contused a nerve root during his fall.
¶ 6. Dr. Smith saw Smith again in September of 1996. A review of the MRI indicated a herniated disk at C7 and T1. Dr. Smith stated that based on Smith's medical history he "would have to assume there's a causation" between the fall and the herniated disk.
¶ 7. During a visit in May of 1999, Dr. Smith referred Smith for a nerve conduction test. Reviewing the results of the nerve conduction test, Dr. Smith discovered C8 radiculopathy. To a reasonable degree of medical certainty, Dr. Smith attributed the injury to the fall. Dr. Smith last saw Smith on February 6, 2001.
¶ 8. Dr. Smith determined that Smith had some permanent injuries proximately caused by the fall. Dr. Smith testified that Smith would probably require future medical care amounting to several thousand dollars a year. Dr. Smith felt that Smith would require treatment for four or five years after the injury. Since the accident occurred in 1996, Dr. Smith felt that by the time this deposition was taken on September 11, 2001, Smith should be getting to the stage where he would not need much future medical treatment. However, Dr. Smith stated that Smith will have some continued permanent pain. Dr. Smith's medical charges amounted to $553.50.
¶ 9. Smith was also treated by Dr. Leonard Edwards, a chiropractor. Dr. Edwards initially saw Smith on March 19, 1997, for arm, neck and head pain related to a fall on February 5, 1996. Based on his examination, Dr. Edwards determined that Smith exhibited weakness and a loss of agility in his right hand. Dr. Edwards stated that within a reasonable degree of medical certainty, the fall caused the difficulty Smith was experiencing. The course of treatment that Dr. Edwards provided consisted of "working with the cervical spine as well as the extremity to increase the range of motion to the extremity to increase usage of the hand." Dr. Edwards also used cryotherapy on Smith. After Smith's adjustment, Dr. Edwards placed Smith in cervical traction with ice applied to the neck to increase the natural lordosis or curvature of the neck and also to the extremity. Smith was told to continue ice therapy at home on a daily basis. Dr. Edwards continued treatment until the visit on May 5, 2000.
¶ 10. Dr. Edwards determined that within a reasonable degree of medical probability that Smith would have permanent limitations as to any twisting motion of his hand as a result of the fall. Dr. Edwards's charges for chiropractic care amounted to $14,291.00. Dr. Edwards stated that none of his charges had been paid.
¶ 11. Dr. Edwards stated that within a reasonable degree of probability, Smith would need future chiropractic care. Dr. Edwards testified the cost of chiropractic treatment would be $6,240.00 a year.
¶ 12. Smith introduced Medicaid's statement of payments made in connection with medical services provided and pharmacy payments made as a result of the accident dated February 5, 1996. The statement indicated payment of $8,077.26 by Medicaid.
¶ 13. After a bench trial on December 18, 2001, briefs were submitted, and Judge Kidd rendered his opinion in favor of Smith, awarding damages of $150,000. Judgment was entered from that sum. From that judgment, the City appealed to this Court, raising the following issues:
DISCUSSION
¶ 14. On appeal, the City contends that it is entitled to immunity from liability to Smith pursuant to Miss.Code Ann. § 11-46-9(1)(v) (Rev.2002). However, Miss. Code Ann. § 11-46-9(1)(v) provides that governmental entity shall not be liable for any claim:
Arising out of an injury caused by a dangerous condition on property of the governmental entity that was not caused by the negligent or other wrongful conduct of an employee if the governmental entity did not have notice, either actual or constructive, and adequate opportunity to protect or warn against; provided, however, that a governmental entity shall not be liable for the failure to warn of a dangerous condition which is obvious to one exercising due care[.]
(emphasis added).
¶ 15. In awarding damages of $150,000 against the City, the trial court stated:
Miss.Code Ann. § 11-46-9(1)(v).
Applying the foregoing to the facts in this case, the court finds that the City of Clinton is responsible for Ernest Smith's injury. The evidence is clear that officials of the City of Clinton had either actual or constructive knowledge of the dangerous condition surrounding the entrance to the municipal building. It is equally clear that no precautionary measures were taken until after Mr. Smith fell and sustained his injury. Consequently, the shield of absolute immunity is not available to the City of Clinton and it is liable to Smith for damages for the injuries he sustained in the February 5, 1996, fall in front of the City of Clinton Municipal Building.
¶ 16. This Court's standard of review of a judgment from a bench trial is well settled. "`A circuit judge sitting without a jury is accorded the same deference with regard to his findings as a chancellor,' and his findings are safe on appeal where they are supported by substantial, credible, and reasonable evidence." Maldonado v. Kelly, 768 So.2d 906, 908 (Miss. 2000) (quoting City of Jackson v. Perry, 764 So.2d 373, 376 (Miss.2000)) (citing Puckett v. Stuckey, 633 So.2d 978, 982 (Miss.1993); Sweet Home Water & Sewer Ass'n v. Lexington Estates, Ltd., 613 So.2d 864, 872 (Miss.1993); Allied Steel Corp. v. Cooper, 607 So.2d 113, 119 (Miss.1992)). ¶ 17. Based on Smith's testimony during cross-examination, the trial court erred in its analysis by ignoring the entire language of Miss.Code Ann. § 11-46-9(1)(v), that "a governmental entity shall not be liable for failure to warn of a dangerous condition which is obvious to one exercising due care." At trial and in his deposition, Smith admitted that the steps and ramp were covered with enough snow and ice for any human eye to see and that he wasn't paying attention as he left the building holding his money and a receipt.
¶ 18. As an example of the application of Miss.Code Ann. § 11-46-9(1)(v), the Mississippi Court of Appeals recently addressed this issue in City of Newton v. Lofton, 840 So.2d 833, 836 (Miss.Ct.App. 2003). The City of Newton contended that "the trial court misapplied the law to the facts of this case erroneously determining that the City of Newton was not immune from liability under Miss.Code...
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