Wieseler v. Sisters of Mercy Health Corp., 287

• Citation: 540 N.W.2d 445
• Decision Date: 22 November 1995
• Docket Number: No. 287,287
• Parties: Alvin WIESELER and Glendora Wieseler, Appellants, v. SISTERS OF MERCY HEALTH CORPORATION, Appellee. /94-337.
• Court: United States State Supreme Court of Iowa

Page 445

540 N.W.2d 445

Alvin WIESELER and Glendora Wieseler, Appellants, v. SISTERS OF MERCY HEALTH CORPORATION, Appellee.

No. 287/94-337.

Supreme Court of Iowa.

Nov. 22, 1995.

Robert B. Deck, Sioux City, for appellants.

Paul D. Lundberg of Shull, Cosgrove, Hellige, Du Bray & Lundberg, Sioux City, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, LAVORATO, and SNELL, JJ.

McGIVERIN, Chief Justice.

Plaintiff Alvin Wieseler was injured when he slipped and fell in the defendant hospital's parking lot.

The question here is whether substantial evidence showed defendant hospital should have anticipated harm to Alvin even though he was aware of the slippery condition of the parking lot. We believe a jury question was generated.

In this further review case, plaintiffs Alvin and Glendora Wieseler appeal a ruling of the district court concerning this issue in sustaining defendant Sisters of Mercy Health Corporation's motion for judgment notwithstanding the verdict, following a jury verdict in favor of plaintiffs for damages allowed as a result of Alvin's slip and fall. We vacate the court of appeals decision that affirmed the district court, reverse the district court's ruling, and remand with instructions to reinstate the judgment previously rendered in favor of the plaintiffs.

I. Background facts. Alvin and Glendora Wieseler filed this personal injury action against the defendant owner of the Marian Health Center in Sioux City, the Sisters of Mercy Health Corporation (hospital), based on alleged negligence of the hospital in maintaining its visitor parking lot. Glendora also sought loss of consortium damages as a result of the incident.

On December 29, 1989, Glendora, wife of Alvin, checked into defendant hospital for minor surgery. On December 30, Alvin drove alone to the hospital to pick up Glendora as he expected her to be released that morning. At the time, it was neither raining nor snowing outside.

Alvin arrived at the hospital at approximately 8:00 a.m. and parked his automobile in the hospital's lot denoted "Visitor Parking," which is located across the street from the main entrance to the hospital.

The evidence showed this common entrance/exit was the sole means of accessing the parking lot by vehicle or on foot as there was a gateless fence encompassing the rest of the parking lot.

After stepping from his car and as he walked towards the common entrance/exit of the parking lot, Alvin slipped a bit, but did not fall, and noticed frost on the pavement. He was wearing cowboy boots and, believing the frost to be slippery, he realized he had to be careful as he traversed the parking lot. There were no steps or safety railings within the cross-sloped lot.

Alvin exited the parking lot and entered the hospital's west entrance without incident. After reaching Glendora's hospital room and assisting her in vacating the room, Alvin carried balloons and various other hospital-related items down to the main floor of the hospital.

Leaving Glendora in her wheelchair at the hospital's entrance, Alvin exited the hospital with plans to retrieve his automobile from the parking lot and drive to the entrance in order to pick her up. Alvin testified he did not see a security guard on duty at that time. He exited with both arms full of various items.

After entering the hospital's parking lot in route to his automobile, Alvin slipped on the frost-covered pavement and his feet went out from under him causing him to fall backwards and sustain injuries to his right shoulder.

After the slip and fall, plaintiffs filed a petition against defendant hospital alleging negligence by defendant that proximately caused Alvin's personal injuries and Glendora's alleged loss of consortium. Defendant answered the petition and contended Alvin was negligent in failing to keep a proper lookout for his safety at the time of his fall. The case was tried to a jury.

At trial, in addition to calling Alvin and Glendora as witnesses, plaintiffs called an architect, Dale McKinney, to testify as to the adequacy of the hospital parking lot's design and, in particular, as to the lot's common entrance/exit that serves as a walkway or driveway to and from the lot. The architect testified the walkway's construction left cross and down-slopes in the parking lot. McKinney testified that the walkway could have been constructed in a safer fashion. He also testified that in slick conditions, without a handrail to grasp onto, the walkway leading into the parking lot was in "less than a safe condition."

After the close of plaintiffs' case-in-chief, defendant filed a motion for directed verdict, see Iowa R.Civ.P. 216, claiming a verdict should be directed in its favor on the basis that defendant would not reasonably anticipate an unreasonable risk of harm to Alvin from an open and obvious defect, unless there was reason to believe the defect would not be discovered or become obvious to Alvin or the risk of harm involved would not be anticipated or appreciated. Defendant further asserted that plaintiffs presented no evidence as to the length of time the frost was on defendant's parking lot or that defendant knew, or should have known, of the existence of the frost prior to Alvin's fall. The court overruled the motion.

In its case-in-chief, defendant called hospital security guard, Randy Jorgensen, to testify. Jorgensen works at the hospital's west entrance valeting cars to and from the parking lot and helping people in and out of cars. He was at work on December 30, the day of Alvin's slip and fall, and had been to and from the parking lot ten to fifteen times that morning without slipping or falling. He testified that he did not believe the parking lot presented a hazard to the visitors that morning, as he did not notice any frost and did not receive any reports of persons falling, besides Alvin, or complaints that the lot was slippery. Jorgensen also testified that on December 30 no salting or sanding was performed prior to Alvin's slip and fall.

II. Jury verdict and post-judgment motion. After the close of the evidence, defendant renewed its earlier motion for directed verdict, which was overruled. The court instructed the jury and submitted the case to it for deliberations. The jury returned a special verdict finding the hospital was negligent in failing to exercise reasonable care to make the defendant's premises safe for plaintiffs' use, and that Alvin and the hospital were each fifty percent at fault, see Iowa Code § 668.3(2)(b). Based on the special verdict as to damages, the court entered total judgments of $21,666.55 plus interest against defendant and in favor of Alvin for his personal injury claim for past and future damages. ¹ The court also entered a judgment against defendant in favor of Glendora for $4,000 plus interest on her loss of consortium claim.

After the verdict, defendant filed a motion for judgment notwithstanding the verdict, see Iowa R.Civ.P. 243, in which it claimed, as a matter of law, plaintiffs failed to generate a jury question concerning defendant's alleged negligence. The court sustained defendant's motion, thereby setting aside the jury's verdict and dismissing plaintiffs' action. Plaintiffs appealed the district court's judgment notwithstanding the verdict. We transferred the case to the court of appeals. See Iowa Code § 602.4102(2).

The court of appeals affirmed the district court's grant of defendant's motion for judgment notwithstanding the verdict. That court concluded the plaintiffs did not present substantial evidence to show that defendant should have expected that Alvin would fail to protect himself from the dangerous condition that he knew existed at the time of his fall.

We granted plaintiffs' application for further review. See id. § 602.4102(4).

III. Standard of review. We review a district court's grant of a judgment notwithstanding the verdict for correction of errors at law. Iowa R.App.P. 4; Gerace v. 3-D Mfg. Co., 522 N.W.2d 312, 315 (Iowa App.1994).

IV. Reviewing grant of motion for judgment notwithstanding the verdict. To determine whether the district court committed an error at law in sustaining defendant's motion for judgment notwithstanding the jury's verdict in favor of the plaintiffs, we view the evidence in accordance with the same principles required for review by the district court. Smith v. Smithway Motor Xpress, Inc., 464 N.W.2d 682, 684 (Iowa 1990). We view the evidence in the light most favorable to the party against whom the motion was made, taking into consideration every legitimate inference that may fairly and reasonably be made. See Iowa R.App.P. 14(f)(2); Smithway, 464 N.W.2d at 684; Konicek v. Loomis Bros., Inc., 457 N.W.2d 614, 617 (Iowa 1990). A motion for judgment notwithstanding the verdict must stand on the grounds raised in the motion for directed verdict. Valadez v. City of Des Moines, 324 N.W.2d 475, 477 (Iowa 1982).

Our only inquiry in assessing a motion for judgment notwithstanding the verdict here is whether there is sufficient evidence to justify submitting the case to the jury. Smithway, 464 N.W.2d at 684. A motion for judgment notwithstanding the verdict should be denied if there is substantial evidence to support each element of the plaintiffs' claims. Slocum v. Hammond, 346 N.W.2d 485, 494 (Iowa 1984).

Negligence questions are typically for the jury and in only exceptional situations may negligence cases be decided by the court as a matter of law. Iowa R.App.P. 14(f)(10); Capener v. Duin, 173 N.W.2d 80, 81 (Iowa 1969); see Perkins v. Wal-Mart Stores, Inc., 525 N.W.2d 817, 820-21 (Iowa 1994) (holding summary judgment evidence presented jury question in negligence case on the issue of whether debris on defendant store's floor caused plaintiff to slip and fall); Randol v. Roe Enters., Inc., 524 N.W.2d 414, 417 (Iowa 1994) (holding summary judgment evidence presented jury question in negligence case on the issue of whether an alleged...