Lagrone v. Helman, 40850

• Decision Date: 09 June 1958
• Docket Number: No. 40850,40850
• Citation: 103 So.2d 365,233 Miss. 654
• Parties: Mrs. Willie Smith LAGRONE v. Harry D. HELMAN, d/b/a Mississippi Nursing Home.
• Court: Mississippi Supreme Court

Page 365

103 So.2d 365

233 Miss. 654

Mrs. Willie Smith LAGRONE v. Harry D. HELMAN, d/b/a Mississippi Nursing Home.

No. 40850.

Supreme Court of Mississippi.

June 9, 1958.

Young, Daniel & Coker, Jackson, for appellant.

Butler, Snow, O'Mara, Stevens & Canada, Crisler, Crisler & Bowling, Jackson, for appellee.

HOLMES, Justice.

The appellant, Mrs. Willie Smith Lagrone, brought this suit in the Circuit Court of the First Judicial District of Hinds County against the appellee, Harry D. Helman, d/b/a Mississippi Nursing Home, seeking to recover damages for personal injuries alleged to have been sustained by her when she suffered a fall while a patient in the Mississippi Nursing Home.

The appellant charged in her declaration that on the night of January 2, 1957, at about 8 o'clock, she requested of the nurse on duty her nightly medication consisting of a pill or tablet, and that the nurse went to the medicine cabinet in the corridor of the Home to obtain the medication and suddenly, carelessly and negligently whirled around and struck the appellant, knocking her down and causing her to suffer a fracture of her left hip. The appellee answered the declaration denying the material allegations thereof, and averring that the appellant apparently fell from the effects of a dizzy spell. The case was submitted to the jury on the question of negligence vel non and the jury returned a verdict in favor of the defendant, appellee here.

On July 2, 1956, the appellant, Mrs. Willie Smith Lagrone, was admitted as a paying patient to the Mississippi Nursing Home, an institution duly licensed as a Nursing Home and owned and operated by the appellee, Harry D. Helman. Mrs. Lagrone was about 76 years of age, and was an ambulatory patient, not being confined to her bed or a wheel chair but being able to walk and move about without assistance. She was, however, afflicted with cerebral arteriosclerosis, the effect of which was to subject her to an occasional dizzy spell.

On the night of January 2, 1957, at about 8 o'clock, she had been in the living room of the Home viewing and listening to television, and tiring of the program, she decided to retire and walked back to the corridor near a medicine cabinet and asked the nurse on duty to get her nightly pill or medication. Miss Lou Davis, another patient was seated in the corridor near the medicine cabinet and Mrs. Lagrone stopped to talk to her.

According to the appellee's version, the nurse obtained the pill and in handing it to Mrs. Lagrone, the latter dropped it and stooped to pick it up and became dizzy and fell to the floor and fractured her hip.

According to the appellant's version, the nurse, after getting the pill, turned suddenly and struck or bumped into Mrs. Lagrone, knocking her to the floor and causing her to fracture her left hip. Mrs. Lagrone was not called as a witness in her own behalf. The record discloses that she was not so called for the reason that she was physically infirm and mentally disturbed. The only eye witnesses to the incident other than Mrs. Lagrone were Mrs. Eddie May Branning and Miss Lou Davis. These two witnesses testified in support of the appellee's version.

The appellant offered no direct proof as to how the incident actually occurred. To establish her charge of negligence, she relied upon the testimony of third parties as to statements ascribed to the appellee after the injury to the effect that the nurse, after getting the medicine, turned suddenly and bumped into Mrs. Lagrone and knocked her down. These statements were offered as admissions against interest or as contradictory of statements made by the appellee on other occasions. The appellee did not deny the statements ascribed to him but explained that they were made before his investigation revealed the true facts. The appellee was not a witness to the occurrence and himself had no personal knowledge as to how it occurred.

Assuming but not deciding that the evidence of admissions against interest or contradictory statements made by the appellee, who himself had no personal knowledge of the facts, is sufficient to create an issue for the jury on the question of the appellee's negligence, it is sufficient to say that this issue was submitted to the jury and was resolved by the jury in favor of the appellee. It is not contended by the appellant on this appeal that the verdict of the jury is contrary to the overwhelming weight of the evidence.

The appellant assigns as error and contends, however, that the ruling of the court with reference to the contents of a telegram which the appellee sent to his liability insurance company on the evening of January 3, 1957 was error. This contention and assignment arises as follows: When the appellee, Helman, was on the stand, the appellant's counsel propounded to him the following question as shown by the record, including the answer thereto: 'Q. Well now isn't it a fact that on the night of January 3, which was less than 24 hours after this occurrence, that you composed a telegram in which you stated, 'one...