Perkins v. Compass Group Use, Inc.
| Decision Date | 07 March 2007 |
| Docket Number | Civil Action No. 1:06-CV-0512-JEC. |
| Parties | Marva D. PERKINS, Plaintiff, v. COMPASS GROUP USE, INC. d/b/a Crothall Healthcare, Inc., Defendants. |
| Court | U.S. District Court — Northern District of Georgia |
Hillman James Toombs, Hillman J. Toombs & Associates, Riverdale, GA, for Plaintiff.
Lashawn W. Terry, Hollowell Foster & Gepp, Atlanta, GA, for Intervenor Plaintiff Grady Health System.
Christopher D. Balch, Kindu A. Walker, Swift Currie McGhee & Hiers, Atlanta, GA, for Defendants.
This case is presently before the Court on defendant's Motion for Summary Judgment [13]. The Court has reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that defendant's Motion for Summary Judgment [13] should be GRANTED.
On March 12, 2005, Marva D. Perkins ("plaintiff') filed a complaint against Crothall Healthcare, Inc. (incorrectly identified as Compass Group USA, Inc. d/b/a Crothall Healthcare, Inc.) ("Crothall" "defendant") for personal injuries that were allegedly a direct and proximate result of defendant's negligence. (Civ. A. No. 1:05-CV-967-JEC [1] ). On April 12, 2005, defendant filed a notice of removal, and the case was removed to this Court due to diversity between the parties and the amount in controversy exceeding the sum of $75,000 exclusive of interest and costs. ("Notice of Removal" [1].) On September 6, 2005, Grady Health Systhm (the "Hospital") filed a Motion to Intervene. (Civ. A. No. 1:05-CV-967-JEC [15].) The Court granted, this motion on October 5, 2005. (Civ. A. No. 1:05-CV-967-JEC [18].)
Crothall filed a Motion for Summary Judgment on November 28, 2005. (Civ. A. No. 1:05-CV-967-JEC [21].) Neither plaintiff nor the Hospital filed a response to Crothall's Motion for Summary Judgment. Plaintiff then filed a dismissal without prejudice. (Civ. A. No. 1:05-CV-967-JEC [26].) The Court granted this motion on January 25, 2006. (Civ. A. No. 1:05-CV-967-JEC [29].)
Plaintiff refiled her complaint in Fulton County on February 9, 2006. Defendant, once again, filed a. Notice of Removal on March 3, 2006. ("Mot. to Remove" [1].) The Hospital reified its Motion to Intervene ("Mot. to Intervene" [8] ) on May 3, 2006, and the Court granted the unopposed Motion to Intervene on June 13, 2006. ("June 13, 2006 Order" [9].) On August 2, 2006, defendant filed a Motion for Summary Judgment ( , now pending before this Court.
Plaintiff is employed by Grady Health System as an Administrative. Services Manager. ( attach, as Ex. On October 10, 2002, the date of the incident, plaintiff was in the transcription office on the third floor of Grady Hospital. (Id. at ¶ 7.) Prior to the accident, plaintiff exited the transcription office and headed towards her administrative office, which was around the corner. Plaintiff took approximately four to five steps out of the transcription office when she slipped and fell. (Id. at 48:21-49:2.) These steps placed her somewhere between the transcription office and the housekeeping/janitor closet. (Id. at 14:1-5; 77:18-22; 27:23-28:1; Def.'s Statement of Material Facts "DSMF" [14] at ¶ 5.)1 According to plaintiff; nothing impeded her ability to see or watch where she was going. (Id. at 77:4-11; DSMF at ¶ 3.) Plaintiff also indicated that the hallway in which she fell looked "clear." (Perkins Dep. at 27:23-24.)
Plaintiff landed on her ankle. (Perkins Dep. at 28:3.) She pulled herself along the wall until she reached the administrative office, where she could see down the hallway and scream for help. (Id. at 28:5-7; DSMF at ¶ 6) Plaintiff does not remember seeing any soiling on the floor as she walked to her office. (Id. at 43:22-44:2; DSMF at ¶ 7.)
At the time of plaintiff's accident, Ms. Nicole Gamble ("Gamble") was employed by defendant, as a discharge cleaner within Grady Hospital.2 Gamble was on duty on the day of plaintiff's accident. (Gamble Aff. at ¶ 3.) Prior to plaintiff's fall, she received a call from her supervisor, C.J. Frazier ("Frazier"), requesting that she clean fecal matter located inside the restroom, outside the restroom door, and in front of the housekeeping/janitor's closet door on the third floor of Grady Hospital. (Gamble Aff. at ¶ 3; DSMF at ¶ 12.) Gamble reported to the third floor, inspected the area, and discovered that the fecal matter was located inside the restroom, outside the restroom door and within a 2 × 2 foot radius in front of the housekeeping/janitor's door. (Gamble Aff. at ¶ 7; DSMF at ¶ 13.) Before cleaning the affected area, Gamble placed a "wet floor" sign in the hallway so that it was visible from both hallways. (Gamble Aff. at ¶ 9.) Gamble then cleaned up the fecal matter inside the restroom, outside the restroom door, and within a 2 × 2 foot radius in front of the housekeeping/janitor's closet. (Id. at ¶ 10; DSMF at ¶ 15.)
Summary judgment is not properly viewed as a device that the trial court may, in its discretion, implement in lieu of a trial on the merits. Instead, Rule 56 of the Federal Rules of Civil Procedure mandates the entry of summary judgment against a party who fails to make a showing sufficient to establish the existence of every element essential to that party's case on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In such a situation, there can be no genuine issue as to any material fact, as a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial. Id. at 322-23, 106 S.Ct. 2548.
The movant bears the initial responsibility of asserting the basis for his motion. Id. at 323, 106 S.Ct. 2548; Apcoa, Inc. v. Fidelity Nat'l Bank, 906 F.2d 610, 611 (11th Cir.1990). The movant is not required to negate his opponent's claim, however. The movant may discharge his burden by merely "showing' — that is, pointing out to the district court-that there is an absence of evidence to support the nonmoving party's case." Celotex, 477 U.S. at 325, 106 S.Ct. 2548. After the movant has carried his burden, the nonmoving party is then required to "go beyond the pleadings" and present competent evidences3 designating "`specific facts showing that there is a genuine issue for trial.'" Id. at 324, 106 S.Ct. 2548 (quoting Fed.R.Civ.P. 56(e)). While the court is to view all evidence and factual inferences in a light most favorable to the nonmoving party, Samples v. City of Atlanta, 846 F.2d 1328, 1330 (11th Cir.1988), "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
A fact is material when it is identified as such by the controlling substantive law. Id. at 248, 106 S.Ct. 2505. An issue is genuine when the evidence is such that a reasonable jury could return a verdict for the nonmovant. Id. at 249-50, 106 S.Ct. 2505. The nonmovant Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (citations omitted). An issue is not genuine if it is unsupported by evidence, or if it is created by evidence that is "merely colorable" or is "not significantly probative." Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505. Thus, to survive a motion for summary judgment, the nonmoving party must come forward with specific evidence of every element material to that party's case so as to create a genuine issue for trial.
Plaintiff's slip and fall occurred on the premises of Grady Hospital. Under Georgia law, an employee on the premises of his/her employer is considered an invitee. See Barksdale v. Nuwar, 203 Ga.App. 184, 185, 416 S.E.2d 546 (Ga.App.1992) (). Landowners owe a duty of care to their invitees, as provided in O.C.G.A. § 51-3-1: "Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe." O.C.G.A. § 51-3-1. Because an owner/occupier's duties to keep the premises safe are derived from statute (O.C.G.A. § 51-3-1), they are non-delegable, even where a party contracts for another party to provide services.4 Johnson v. Kimberly Clark, 233 Ga.App. 508, 510, 504 S.E.2d 536 (Ga.App.1998) (internal citations omitted). Thus, the duties imposed on owners or occupiers of land are not applicable to independent contractors. Kelley v. Piggly Wiggly Southern, Inc., 230 Ga.App. 508, 509, 496 S.E.2d 732 (Ga. App.1997) (internal citations omitted); see also Greene v. Piedmont Janitorial Servs., Inc., 220 Ga.App. 743, 744, 470 S.E.2d 270 (Ga.App.1996) (...
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