Douglass v. 95 Pearl St. Corp.

• Decision Date: 23 July 1968
• Citation: 245 A.2d 129,157 Conn. 73
• Court: Connecticut Supreme Court
• Parties: Lucy A. DOUGLASS et al. v. The 95 PEARL STREET CORPORATION.

Page 129

245 A.2d 129

157 Conn. 73

Lucy A. DOUGLASS et al. v. The 95 PEARL STREET CORPORATION.

Supreme Court of Connecticut.

July 23, 1968.

Edward Seltzer, Hartford, for appellant (defendant).

Thomas J. Hagarty, Hartford, with whom was Joseph T. Sweeney, Hartford, for appellees (plaintiffs).

Before KING, C.J., and ALCORN, HOUSE, THIM and RYAN, JJ.

RYAN, Associate Justice.

This is a negligence action wherein Lucy A. Douglass, hereinafter referred to as the plaintiff, seeks to recover damages for injuries sustained as the result of a fall down a staircase in a building owned by the defendant and leased to the United States of America for occupancy by the Veterans Administration, the plaintiff's employer. In a second count, the plaintiff's husband seeks recovery for medical expenses which he was obliged to pay as a result of the plaintiff's injuries. The defendant filed a special defense alleging contributory negligence on the part of the plaintiff.

At the close of the evidence, the defendant's motion for a directed verdict was denied by the trial court. The jury returned a verdict for the plaintiff on the first count and for her husband on the second count. The defendant moved to set aside the verdicts and for judgment notwithstanding the verdicts pursuant to Practice Book § 255. The defendant has appealed to this court and assigns error in the denial of its motions to set aside the verdicts and for judgment notwithstanding the verdicts. Error is also assigned in certain portions of the charge. Although the defendant claims that certain changes should be made in the finding, there is no basis for any correction.

The plaintiff alleged in her complaint that the defendant owned, maintained and controlled a building at 95 Pearl Street in Hartford which it leased to the United States of America for occupancy by the Veterans Administration and its employees; that the opening and closing of the building and the maintenance and repair thereof were within the control of the defendant; and that the plaintiff was an employee of the Veterans Administration and worked in the building. These allegations were admitted by the defendant in its answer. The complaint alleged further that, on entering the building on July 11, 1962, the plaintiff found the area where her desk was located in darkness and that, when she walked to the rear of the first floor for the purpose of turning on the light switch, she fell down a stairway located almost directly below the switch and was injured owing to the negligence of the defendant, its agents, servants and employees, in that they failed to turn on the lights so that the building would be reasonably safe for use by employees, in that they failed to provide a night light so the stairway could be seen when the regular lights were off; in that they maintained the switches controlling the lights in a dark area immediately over the top edge of an open and unprotected stairway and thus created an imminently dangerous condition so that any person seeking to turn on the lights was in danger of falling down the dark stairway, and in that they failed to hire and employ maintenance personnel sufficient in numbers and training to handle the operation of the building so that it would be safe for the people to work there. The defendant, in its answer, denied these specifications of negligence and pleaded, by way of a special defense, that the plaintiff was contributorily negligent because of her failure to watch where she was going, to make reasonable and proper use of her senses and to keep a proper lookout. In her reply, the plaintiff denied the allegations of the special defense.

The defendant urges that the plaintiff was chargeable with contributory negligence as a matter of law and assigns error in the denial of its motions to set aside the verdicts and for judgment notwithstanding the verdicts. We test the court's action in these respects by the evidence printed in the appendices to the briefs. Petrizzo v. Commercial Contractors Corporation, 152 Conn. 491, 498, 208 A.2d 748. If the court correctly refused to set aside the verdicts, it necessarily follows that it properly denied the motions for judgment notwithstanding the verdicts. Chanosky v. City Building Supply Co., 152 Conn. 642, 643, 211 A.2d 141; Kerrigan v. Detroit Steel Corporation, 146 Conn. 658, 662, 154 A.2d 517. In determining this issue, the evidence must be given the most favorable construction to which it is reasonably entitled in support of the verdicts. Petrizzo v. Commercial Contractors Corporation, supra, 152 Conn. 499, 208 A.2d 748; Petrillo v. Bess, 149 Conn. 166, 167, 179 A.2d 600.

From the evidence, the jury could reasonably have found the following facts: The plaintiff, who was then sixty-four years of age, was employed by the Veterans Administration and worked on the first floor of the building at 95 Pearl Street. She had worked for the Veterans Administration for about twelve years, but for eleven of those years she had worked on another floor of the building. She was employed as a typist in the stenographic pool section on the first floor. The first floor of the building contained a large room occupied by the adjudication division. In the southwest corner of the room, there was an alcove containing the stenographic pool.

On the morning of July 11, 1962, the plaintiff arrived at work approximately fifteen to twenty minutes before 8 a.m. Her working hours were from 8 a.m. to 4:30 p.m. She entered the first floor of the building by way of a side entrance, which brought her to the rear portion of the room housing the adjudication division. She walked about twenty-five to thirty steps across the floor area in the direction of the alcove where her desk was located, and from this point she could see that the lights were not on in her work area. Although it was a clear, bright day, she was then standing in an area of semidarkness. She then looked at the wall nearest the alcove for light switches. She had never looked for these switches before because she had never had occasion to turn on the lights anywhere in the building, or to turn them off. It was necessary for her to walk around a desk to reach these light switches, and she was then able to see them. She was aware that there was a railing and a stairway nearby. These stairs were not in regular use but were used only as a fire or emergency exit. She did not look at the floor but looked straight at the switches, wondering which one she should turn on. When she came to a stop and stood facing the switches, she saw four of them and decided to turn on the switch nearest to the alcove. This switch was also the one closest to the stairway. When she turned on the switch, she did not observe any lights go on. She had to look around the corner of the wall to determine if the light had gone on over her desk. To do this, she had to step back or to the right, and, as she did so, she fell down the stairway. There was no railing at the opening of the stairway although it had a railing on two sides. The plaintiff knew there was a stairway in this area, and, if she had looked down, she could have seen it. She did not realize the stairway was so close because she had never before set foot in this area. There was a desk there so that the stairway was not obvious to her. She had to go around the desk and did not look down to see how close the stairway opening was to the wall. She never gave the stairs a thought and did not realize they were so close.

Light meter readings taken by an expert indicated that the area at the top of the staircase was dark at the time of the plaintiff's fall. There was expert opinion that the area at the head of the staircase was hazardous and not reasonably safe for persons walking there, particularly when the lights were out, and that the location could have been made reasonably safe by painting a light-colored strip across the top edge of the stairway, by installing a light directly over the head of the stairs to be kept on at all times, and, since the stairway was infrequently used, by the installation of a gate at the head of the stairway.

The defendant's employees opened the building at 7 o'clock each morning, turned on the lights in lobbies and hallways of the building when they came to work, and began operating the elevators at 7:45 a.m. The defendant did not turn on the lights in the individual offices. The building was leased by the defendant as an operating unit complete with janitorial services, which included cleaning, replacing light bulbs, and providing such things as soap and hand towels. The defendant's employees turned off the lights each evening in the room where the plaintiff fell. The defendant's building superintendent had on many occasions turned on the lights, using the switches at which the plaintiff was standing when she fell.

From this evidence, it was the function of the jury to determine whether the plaintiff failed to exercise the care of a reasonably prudent person. Contributory negligence is a question of fact to be determined by the trier from all the circumstances. The burden of proof is on the defendant. 'Where the trier concludes that one is free from contributory negligence, that conclusion must stand unless the conduct involved is manifestly contrary to that of the reasonably prudent * * * (person).' Ford v. Hotel & Restaurant Employees & Bartenders International Union, 155 Conn. 24, 36, 229 A.2d 346, 351; Cappiello v. Haselman, 154 Conn. 490, 497, 227 A.2d 79. The question here is whether the plaintiff's failure to be aware of the proximity of the stairway under the circumstances so clearly departed from the standard required of a reasonably prudent person that the function of the jury should have been taken from them by the court. Bader v. United...