Plainview Motels, Inc. v. Reynolds
| Decision Date | 09 July 2003 |
| Docket Number | No. 12-02-00115-CV.,12-02-00115-CV. |
| Parties | <I>PLAINVIEW MOTELS, INC. D/B/A SURPLUS SALES, APPELLANT,</I> v. <I>PHILIP REYNOLDS AND WIFE, LUCY REYNOLDS, INDIVIDUALLY AND AS NEXT FRIEND AND NATURAL GUARDIAN OF DILLON REYNOLDS, A MINOR, APPELLEES.</I> |
| Court | Texas Supreme Court |
APPEAL FROM THE 123RD JUDICIAL DISTRICT COURT OF SHELBY COUNTY, TEXAS.
Panel consisted of Worthen, C.J., Griffith, J., and Ramey, Retired Chief Justice, Twelfth Court of Appeals, Tyler, sitting by assignment.
Plainview Motels, Inc. d/b/a Surplus Sales ("Surplus Sales") appeals the trial court's judgment entered in favor of Philip Reynolds ("Dr. Reynolds") and Lucy Reynolds ("Mrs. Reynolds"), individually and as next friend and natural guardian of Dillon Reynolds ("Dillon") (collectively "Reynolds"). Surplus Sales raises nine issues1 on appeal. We affirm in part, and reverse and render in part.
On July 28, 1998, Dr. Reynolds, while looking through the stack of mirrors on Surplus Sales's premises, stood several mirrors up vertically while attempting to look at other mirrors deeper in the stack. As Dr. Reynolds reached for and erected another group of mirrors, the bottom of these mirrors slipped and crashed against the other group of mirrors Dr. Reynolds was already steadying. The force of the crash caused the group of mirrors Dr. Reynolds was steadying to fall over onto Dr. Reynolds and Dillon, who was standing at Dr. Reynolds's feet. Dr. Reynolds sustained injuries to his back, knees and hand. Dillon, while under the mirrors, stopped breathing and lost consciousness. Once Dillon was pulled from beneath the mirrors, Mrs. Reynolds successfully resuscitated him and he was taken to the hospital where he received emergency medical attention. At one point, Dillon lost kidney function for approximately twenty-four hours, but ultimately recovered from his injuries. Both Dr. and Mrs. Reynolds sustained multiple lacerations as a result of the accident.
Reynolds brought suit against Surplus Sales and the matter proceeded to jury trial. During trial, Reynolds called Dr. Carl Hansen ("Hansen"), a vocational rehabilitation expert, who was permitted to testify over Surplus Sales's objection. The court's charge was subsequently submitted over Surplus Sales's objections and thereafter, the jury rendered a verdict and award in favor of Reynolds. Judgment was entered by the trial court on January 25, 2002. Surplus Sales filed a motion for judgment n.o.v. on February 22, 2002, which was denied. Surplus Sales filed a motion for new trial on February 22, 2002, which was denied on March 21, 2002. This appeal followed.
In its third issue, Surplus Sales argues that the evidence was legally and factually insufficient to support the trial court's judgment.
In reviewing a legal sufficiency issue, we must consider only the evidence and inferences that tend to support the jury's verdict, disregarding all contrary evidence and inferences. See Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934, 936 (Tex. 1998). We may only sustain a "no evidence" point when the record discloses one of the following: (1) there is a complete absence of evidence of a vital fact, (2) the court is barred by rules of law or evidence from giving weight to the only evidence offered to prove a vital fact, (3) the evidence offered to prove a vital fact is no more than a mere scintilla of evidence, or (4) the evidence establishes conclusively the opposite of a vital fact. See Merrell Dow Pharm., Inc. v. Havner, 953 S.W.2d 706, 711 (Tex. 1997). It is not within our power to second-guess the fact-finder unless only one inference can be drawn from the evidence. See State v. $11,014.00, 820 S.W.2d 783, 785 (Tex. 1991). If there is more than a scintilla of evidence to support the finding, the evidence is legally sufficient. See Browning-Ferris, Inc. v. Reyna, 865 S.W.2d 925, 928 (Tex. 1993).
In order to successfully prosecute a cause of action for premises defect, Reynolds was required to prove that (1) the defendant was an owner or occupier of the premises, (2) a condition on the premises posed an unreasonable risk of harm, (3) the defendant knew or reasonably should have known of the danger, (4) the defendant failed to exercise reasonable care to reduce or eliminate the risk of harm, and (5) the defendant's breach proximately caused the plaintiff's injuries. See CMH Homes, Inc. v. Daenen, 15 S.W.3d 97, 99 (Tex. 1999). Surplus Sales does not contest that it was the owner or occupier of the premises in question.
A condition poses an unreasonable risk of harm for premises defect purposes when there is a "sufficient probability of a harmful event occurring that a reasonably prudent person would have foreseen it or some similar event as likely to happen." County of Cameron v. Brown,, 80 S.W.3d 549, 556 (Tex. 2002). Foreseeability does not require that the exact sequence of events that produced an injury be foreseeable. Id. Instead, only the general danger must be foreseeable. See Walker v. Harris, 924 S.W.2d 375, 377 (Tex. 1996).
As a matter of law, the mere fact that a store has a customer sampling display cannot, without more, be evidence of a condition on the premises that poses an unreasonable risk of harm. See H.E. Butt Grocery Co. v. Resendez, 988 S.W.2d 218, 219 (Tex. 1999). In reaching its decision, the court in Resendez distinguished that case from its previous decision in Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983), noting that in Corbin, it stated that the self-service grape bin in conjunction with the absence of any protective covering on the store's green linoleum tile floor posed an unusually high risk of customer falls resulting from grapes dropped on the floor. Id. at 297. Comparing Resendez and Corbin, it is apparent that the question of whether a self-service display is unreasonably dangerous can only be answered by considering the nature of the display in light of, but not limited to, its surroundings. Compare Resendez, 988 S.W.2d at 219 with Corbin, 648 S.W.2d at 297.
In the case at hand, Surplus Sales's display consisted of multiple mirrors stacked vertically, one against the other and leaning at a slight angle against a two-by-four support post. Although the total number of mirrors was unclear from the record, their combined weight2 was significant, which is apparent from the fact that it was sufficient to trap an adult male and ultimately, required the strength of between three and four adults to be removed.3 The nature of Surplus Sales's business is that customers will view items in one of Surplus Sales's warehouses, help themselves to such items as they may desire, and transport such items to the checkout area of the facility. Surplus Sales argues that the testimony of Barry Lee Richard ("Richard"), a certified safety professional and consultant, who testified that the manner in which the mirrors were displayed was "stable" and "not precarious[,]" is the only evidence related to this element. We disagree.
The jury could reasonably determine that a group of thirty-pound mirrors leaning against a support column could potentially fall. Moreover, given the nature of Surplus Sales's business, it is a reasonable deduction from the evidence that, no matter how stable the stack is, a customer desiring a mirror deep within the stack could seek to move some of the mirrors around to look at others or remove a mirror that strikes his fancy. Considering that a customer could reasonably be expected to move any number of mirrors while examining them, the jury could further surmise that the potential for prolonged stability of the display without upset was, at best, fleeting and that the notion that the display was stable so long as it remained undisturbed was contrary to the nature of Surplus Sales's business.
Professional safety management consultant Wayne Seelbach ("Seelbach") testified that the manner in which the mirrors in question were displayed was hazardous and not in accordance with industry standards. Seelbach further testified that the mirrors should have been displayed in bins with an upright support on each side of the stack, with such bins placed perpendicular to the aisle, rather than in the aisle. Finally, the record reflects that Surplus Sales had such storage bins on the premises, but did not use them to store mirrors. Similar to the absence of a protective floor covering in Corbin, Surplus Sales's failure to utilize a storage bin to display the mirrors in question further supports the jury's determination that the display in the instant case was unreasonably dangerous. Therefore, considering the totality of the circumstances surrounding the self-service display in the instant case, we conclude that there was evidence to support the jury's finding.
To prove an action for premises liability, the invitee must establish that a land owner either "knew, or after reasonable inspection should have known, of an unreasonably dangerous condition." Motel 6 G.P. v. Lopez, 929 S.W.2d 1, 3-4 (Tex. 1996). A possessor's knowledge can be actual or constructive. See Corbin, 648 S.W.2d at 295-96. Actual knowledge is what a person actually knows. See Black's Law Dictionary 876 (7th ed. 1999). On the other hand, proof of constructive knowledge requires only that the condition existed long enough for the possessor to have discovered it upon reasonable inspection. See Daenen, 15 S.W.3d at 102-03.
Surplus Sales argues that Reynolds produced no evidence tending to show Surplus Sales either knew or should have known of the unreasonably dangerous condition of the stacked mirrors. Specifically, Surplus Sales contends that although the evidence that the mirrors fell onto Dr. Reynolds and Dillon may suggest that the mirrors were stacked in a...
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