Harrison v. Horeshoe Entertainment

• Decision Date: 14 August 2002
• Docket Number: No. 36,294-CA.,36,294-CA.
• Citation: 823 So.2d 1124
• Parties: Billie HARRISON and Earnest Harrison, Plaintiffs-Appellants v. HORSESHOE ENTERTAINMENT, A Louisiana Partnership, Defendant-Appellee.
• Court: Court of Appeal of Louisiana — District of US

Page 1124

823 So.2d 1124

Billie HARRISON and Earnest Harrison, Plaintiffs-Appellants v. HORSESHOE ENTERTAINMENT, A Louisiana Partnership, Defendant-Appellee.

No. 36,294-CA.

Court of Appeal of Louisiana, Second Circuit.

August 14, 2002.

Klotz, Simmons & Brainard, by Eron J. Brainard, Shreveport, for Appellants.

Rountree, Cox, Guin & Achee, by Dale G. Cox, Shreveport, for Appellee.

Before NORRIS, STEWART and KOSTELKA, JJ.

STEWART, J.

The plaintiff, Billie Harrison, filed suit for damages against Horseshoe Entertainment, a Louisiana Partnership, the defendant herein, after she sustained injury to her right knee when she slipped and fell in the ladies restroom located on the main gaming floor of the King of the Red riverboat casino. The jury found that the condition of the ladies restroom did not present an unreasonable risk of harm that was reasonably foreseeable. Harrison challenges this finding on appeal. We find no error in the jury's verdict and affirm the judgment of the trial court dismissing Harrison's claim.

FACTS

Billie Harrison and her sister, Dorris Kinnemore, traveled from Texas to spend a few days at the defendant's entertainment and gaming complex while their husbands went on a fishing trip. The sisters had received complimentary hotel passes for two nights and paid for an additional night at the defendant's hotel. The date of the incident, September 17, 1998, was the last day of their visit. After packing their belongings and loading them into Harrison's van in preparation for their trip home, the sisters went to the defendant's casino to enjoy some gaming activities until lunchtime. Harrison and Kinnemore played on different floors of the casino. Harrison went to the main gaming floor to play table games. Sometime after 11:00 a.m., Harrison left the gaming table to go to the ladies restroom. Harrison explained at trial that her turn to throw the dice had passed and that she left for the ladies room before her turn came up again. While on her way to the restroom, Harrison stopped at the roulette table where she won a chip. Harrison then proceeded to the ladies restroom.

Evidence introduced at trial shows that a patron entering the ladies restroom where the accident occurred must pull the door open to gain entrance into the room. The door of a utility closet located in the restroom faces the entrance. Immediately to the right upon entry is a corridor with counters and sinks on the left side and stalls on the right side. As such, a patron enters and turns to the right. The restroom has a tile floor.

As Harrison entered the restroom and turned to the right, she started sliding after taking two or three steps and fell to the ground. She testified that her feet went airborne arid that her right knee came down and hit the floor hard. Harrison came to rest on her back with her hands behind her at a location in the middle of the floor between the sinks and the stalls. According to Harrison, the floor was wet, slick, and shiny as though it had just been mopped. Harrison testified that she did not see any signs warning of a wet floor before her fall, but once on the floor, she did see a warning sign folded against the wall by the sink. The sign was located to the left of her head. There were two ladies in uniform who appeared to be cleaning. One of the ladies left to get help and the other assisted Harrison.

Kinnemore joined Harrison in the restroom after being notified of the accident. An emergency medical technician responded to the scene, assessed Harrison's condition, and transported Harrison by wheelchair to a first aid room where her knee was photographed and ice was applied to the injury. Harrison requested an ambulance which transported her to Bossier Medical Center where x-rays were taken and medication prescribed. The defendant provided transportation for Harrison and her sister from the emergency room back to their own vehicle. Harrison required assistance to get into her van and was unable to drive home. Kinnemore drove the van back to Texas, where she took Harrison directly to another emergency room at a hospital in Tyler where she received medication for pain and inflammation. Harrison's knee injury eventually required surgery.

At the jury trial which ensued, Kinnemore testified that after she was notified of her sister's accident, she proceeded to the restroom where she came upon Harrison lying on the floor and crying. Two other Horseshoe employees were in the restroom along with an emergency medical technician ("EMT"), who was helping Harrison. When Kinnemore knelt beside Harrison, she noticed that the floor was damp and appeared as though it had just been mopped. Kinnemore then noticed a wet floor warning sign folded and propped against the wall. She had not seen a warning sign when she entered the restroom. Kinnemore testified that while she was kneeling beside Harrison, she heard someone say, "Put up the floor sign."

Carolyn Kennedy Gipson was employed by Horseshoe as an environmental services ("EVS") worker at the time of Harrison's accident and was in the restroom standing by the mirror when the accident occurred. Gipson did not see Harrison fall. She heard a lady yell out and then saw Harrison on the floor. Gipson's recall of that day was sketchy at best. For instance, she did not recall the exact reason why she was in the restroom, the time of day when the accident occurred, or the position of the floor sign after Harrison's fall. However, Gipson was adamant that a wet floor warning sign was in position facing the doorway prior to Harrison's entry into the restroom. On cross examination, Horseshoe referred Gipson to her deposition testimony stating that she saw Harrison lying on the floor against the warning sign and that she moved the sign away from Harrison. Gipson agreed that she probably stated that at her deposition.

Wanda Moore was the EMT on duty at Horseshoe when the accident occurred. Moore was called to the restroom where she found Harrison on the floor and the warning sign face down between the utility closet and the first sink near Harrison between her head and feet. Moore's testimony was somewhat contradictory in that she testified both that the sign was face up and face down. However, the sign introduced into evidence has written warnings on both sides. Moore did not know whether there was a second wet floor warning sign in the restroom, and she denied seeing the wet floor sign folded and propped against a recessed area of wall near the sinks. Moore noticed that the floor was dry at the entrance to the restroom, but wet in the area around Harrison. An accident report completed by Moore states that the floor was wet and that the wet floor sign was in place.

Dorothy Pearce was also an EVS employee at Horseshoe at the time of Harrison's accident. Pearce did not witness the accident. She heard about it while she was at lunch that day. As indicated by the "We Care" card used by Horseshoe to track cleaning activities, Pearce was the employee who had mopped the restroom floor at about 11:00 a.m., prior to Harrison's fall. Employees were required to initial both the front and back of the "We Care" card each time they performed cleaning activities in the assigned area. The front of the card includes a listing of times in thirty minute increments over a twenty-four hour period. Pearce's initials are written next to the 11:00 a.m. time slot along with the notation "mp" which refers to mopping. Employees were also required to initial the back of the card and write the exact time showing when they finished an assigned duty. The back of the "We Care" card has Pearce's initials and the time of 11:12 a.m., which reflects the time the floor was mopped. Pearce explained that she worked the 7:00 a.m. to 3:00 p.m., shift that day and that she took a thirty minute lunch break at 11:30 a.m., during which time Carolyn Gipson covered the restroom. Pearce testified that she was assigned to work in the restroom where the accident occurred for the duration of her shift and that she was required to clean the walls, toilets, sinks, mirrors, and floor. Pearce explained that mopping was done to both clean and disinfect the floors. The mop was wrung out until damp and then moved across the floor so that no puddle or stream of water was left on the floor. Pearce testified that she placed the wet floor caution sign out as instructed when she mopped and that it was placed so that anyone entering could read it. Pearce recalled that there were usually two wet floor caution signs in the utility closet in the restroom and that they were required to put out both signs—one near the entrance and one in the rear of the restroom. Pearce's testimony does not indicate whether the rear wet floor sign was in place.

Pearce's testimony regarding the use of the "We Care" card and the cleaning procedures followed in the restroom was corroborated by the testimony of two other Horseshoe employees. Byron Clouatre, an EVS manager, explained the regular training of EVS employees which includes the initial training, monthly training recaps, quarterly department meetings, and written materials on cleaning, including how to damp mop. Clouatre admitted that employees do not always follow instructions. According to Clouatre, restrooms are cleaned from top to bottom, with floors mopped last. The placement of two wet floor signs inside the restroom is required when mopping. The first is placed facing the entrance and is on the floor near the wall where the sink counters are located. The second is placed at the far end of the restroom facing the entrance. Clouatre admitted that he has considered placing additional warning signs either on the entrance door or the utility closet door. Clouatre explained that the restrooms are manned twenty-four hours a day by EVS employees and that no longer than fifteen minutes elapse without either an EVS employee or manager present. On the busiest days, which are Thursdays...