Roberts v. Menorah Medical Center

• Decision Date: 03 October 1989
• Docket Number: No. WD,WD
• Citation: 777 S.W.2d 330
• Parties: Harriett ROBERTS, et al., Plaintiffs-Respondents, v. MENORAH MEDICAL CENTER, Defendant-Appellant. 41533.
• Court: Missouri Court of Appeals

Page 330

777 S.W.2d 330

Harriett ROBERTS, et al., Plaintiffs-Respondents, v. MENORAH MEDICAL CENTER, Defendant-Appellant.

No. WD 41533.

Missouri Court of Appeals,

Western District.

Oct. 3, 1989.

Edward H. Sheppard, Kansas City, for defendant-appellant.

Robert D. Kingsland, Kansas City, for plaintiffs-respondents.

Before CLARK, P.J., and LOWENSTEIN and BERREY, JJ.

BERREY, Judge.

The appellant, defendant below, appeals a judgment rendered in favor of respondents, plaintiffs below, after a jury trial in the circuit court of Jackson County. Respondent Harriet Roberts, filed this civil action seeking recovery of damages for a personal injury she suffered when she fell in a hallway at Menorah Medical Center (Menorah). Her husband, Ben Roberts, sued for loss of consortium. Respondents' theory of the case was grounded on the premise that Harriet was an invitee at the time of her slip and fall on appellant's premises and that she was injured as a result of appellant's negligence.

The trial court denied appellant's motion for a directed verdict at the close of respondents' evidence, as well as its motion for directed verdict at the close of all evidence. The jury brought back a verdict awarding $311,590.11 in damages to Harriett and awarding $15,000 in damages to Ben. The jury assessed 65% of the fault to Menorah and 35% of the fault to Harriet. Thus, the trial court entered judgment for Harriet in the sum of $202,533.57, and for Ben in the sum of $9,750.

Appellant briefs four points in this appeal: (1) That the trial court erred in its denial of appellant's motions for directed verdict and post-trial motion for judgment notwithstanding the verdict as there was no substantial evidence that Harriet Roberts was an invitee or that Menorah owed a duty to her; (2) That the trial court erred in its denial of appellant's motions for directed verdict and post-trial motion for judgment notwithstanding the verdict because respondents failed to make a submissible case in that there was no substantial evidence that the condition of the water on the surface of the hallway caused Harriet's fall; (3) That the trial court erred in giving Instructions 9 and 13 as these were MAI 22.03 instructions classified as "Verdict Directing--Invitee Injured" as respondents failed to establish Harriet's status as an invitee by substantial evidence; and (4) That the trial court erred in giving Instructions 9 and 13 because of respondents' failure to prove that Harriet was injured as a "direct result" of appellant's failure.

Directed verdicts and judgments notwithstanding the verdict are both drastic actions. They should only be granted where the minds of reasonable persons would not differ as to the outcome of the case. Marti v. Economy Fire & Casualty Co., 761 S.W.2d 254, 255 (Mo.App.1988). "We review denial of a motion for directed verdict as a question of law, viewed in the evidentiary light most favorable to the non-moving party, and determine whether that party has made a submissible case." Fricke v. Valley Production Credit Association, 721 S.W.2d 747, 752 (Mo.App.1986).

On July 3, 1984, Ben phoned Harriet at her place of employment and informed her that her brother had taken ill. She called her brother's employer and found that her brother was to be taken to the hospital. She suggested Menorah, as his doctor was on staff there. A few hours later she left work, and drove to Menorah, intending to see her brother. Upon her arrival at Menorah, Harriet went to the emergency room where she had expected to find her brother. He was not there and through her investigation she determined he had been taken to his doctor's office instead. As she was walking from the emergency room area to leave for the doctor's office, Harriet had the accident which formed the subject matter in the instant case.

Harriet was walking down a hallway on a white tile floor with dots on it, which were used as directional markers. She rounded a curve in the hall and fell. Immediately prior to her accident she had been watching a man who had a winter outfit on, a "strange" sight, according to her testimony, because of the time of year. She did not see any water on the floor before she fell. She described the fall, saying, "[m]y right foot started aeroplaning, and, like, I was in progress for a step and I came down on this left knee and it sounded just like glass breaking." Her left leg was pinned underneath her and she rolled over, taking her right arm to pull her left leg out from under her.

Harriet cried out for help. Patricia Baumgardner, who was working in her office, heard Harriet's cries and responded to them. She summoned help and then went back to Harriet and comforted her, holding Harriet's head upon her lap. Harriet reached her arm out and found a puddle of water.

Harriet was taken to the emergency room and cared for there by Dr. Ronald Stitt. Dr. Stitt placed a pin through her leg and she was then placed in traction for "about a week." Surgery followed, and Harriet remained in the hospital until August 4, 1984.

Other witnesses testified that they saw water on the floor at various times before Harriett slipped. Their estimates ranged from a total volume of less than a cup to approximately two gallons. No warning signs were present in the area.

Appellant's first point alleges trial court error in the overruling of appellant's motions for directed verdict at the close of respondent's evidence and at the close of all evidence, as well as the denial of its post-trial motion for judgment notwithstanding the verdict. Specifically, appellant contends that there was not substantial evidence that Harriet was an invitee or that Menorah owed any duty to warn of or remove the water on the floor of the hallway.

Missouri law makes a distinction between invitees and licensees. The duty owed by a property owner is governed by the status of the entrant on the premises. This distinction is clearly stated in a recent opinion issued from this court:

An invitee is one who enters premises with the express or implied consent of the possessor and for some purpose of real benefit to the possessor or for the mutual benefit of both. A licensee is one who enters the premises with the express or implied permission of the possessor, for his own purpose, from motives of curiosity or private convenience, in no way connected with business or other relations with the owner.

Gillis v. Collins, 770 S.W.2d 503, 505 (Mo.App.1989).

The crux of this appeal concerns whether the above mentioned test as to Harriet's status as an invitee has been satisfied. Missouri law refers to the Restatement (Second) of Torts for an accurate definition of what is required for invitee status. See Gilpin v. Gerbes Supermarket, Inc., 446 S.W.2d...