Griffin v. Cent. Maine Med. Ctr.
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STATE OF MAINE ANDROSCOGGIN, SS. SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-08-106' ~ "1'''-' -r4'-/ f j " , , - ) , v " ~,/, -, /'-1,7 ( ' / ' . " , RECEIVED & FILeD JENNYLEE GRIFFIN, Plaintiff MAY 04 2010 s'}JtfI~?8~gGGIN OURT DECISION AND JUDGMENT v. CENTRAL MAINE MEDICAL CENTER, Defendant I. NATURE OF CASE This is an action for personal injuries that plaintiff suffered when she slipped and fell in the main lobby of the High Street entrance at Central Maine Medical Center. She claims that the floor was wet and slippery or that there was water there that caused her to fall resulting in a significant injury to her left wrist. II. FINDINGS OF FACT The incident occurred shortly before 7:00 p.m. on October 20, 2006.1 At the time, Ms. Griffin was employed at the Cloud 9 Day Spa as a cosmetologist. At the end of the work day on Friday, October 20, she went to CMMC with a couple of co-workers to set up an exhibit booth for Cloud 9 for a women's health fair to be held the next day. There is no dispute that it rained extremely hard all day on October 20. When Ms. Griffin arrived with her co-workers they parked under an overhang, def. ex. #2, 3, and 4, to be sheltered from the rain as they carried things inside. This was at the main entrance at 12 High Street, one of several entrances to get to various areas of 1 The facts set out by the court constitute findings by a preponderance of evidence unless otherwise stated. the hospital. A person enters the hospital at this location from the covered drop-off area, through an outer doorway, and across a metal grate where water, snow, and ice, that is tracked in, can drain and not accumulate. Def. ex. 5 and 6. Ms. Griffin then went through an inner set of doors into the lobby approximately 35 feet from a bank of elevators. Def. ex. 7 and 8. The plaintiff is not exactly sure where she fell in the lobby area, def. ex. 1, but states she was carrying things in with her co-workers. As she headed to the elevator she "did not see any standing water." When she went in, she did not know if the bottom of her sneakers were wet, but after she fell she noticed that her "bottom and leg were wet." There were no floor signs to warn anybody about wet floors and no mats to collect water or to prevent a slip. A co-worker, Angie Lynn Lafayette, who was with Ms. Griffin, saw her fall. She did not see any water on the floor before the fall, but did see some water, "more than a footprint," after the fall. The hospital has standard procedures regarding floor conditions in public areas. The hospital security staff makes regular rounds of all areas, including public areas to make sure that there are no conditions that might be a hazard. On the day in question, the staff was aware of the heavy rain and was vigilant on their security rounds to look for wet spots. The log sheet for October 20, def. ex. 10, shows that "patrol/ checks" were made at 6:18 p.m. and 6:28 p.m. to 6:40 p.m. It is not known at exactly what time the check was made of the lobby area where Ms. Griffin fell, but staff was alert to the situation and did not notice any potential hazard prior to the fall. Daniel Beaule was the security supervisor on duty at the time of plaintiff's fall. In addition, there were three other security officers, a dispatcher at the switchboard, 2 and two others who would rotate in and out on patrol. There is no predictable pattern for the patrols, but the 12 High Street lobby had more patrols than other areas because it is an entrance. While on patrol, the officers are to be observant for hazards with lighting, doors, rails, and walk areas, and to make note of any unsafe conditions. If an officer observes water in any area, the standard protocol is to block the area, report it to environmental services (housekeeping), and to remain there until the area is cleaned up. Prior to the plaintiff's fall, there had been no reports of water on the floor. After the report of the fall, Beaule went to the High Street lobby and met with the plaintiff who complained to him of pain "in the left wrist and some swelling was obvious." Beaule inspected the area of the fall and "observed that the floor was dry" and took a photo of the area. Def. ex. 9. After speaking with Ms. Griffin, Beaule placed a "wet floor sign in the area to remind others that their footwear may be wet from the outside./I Def. ex. 9. The hospital is aware that the tile floor in this area can be wet at times when people track in snow, slush, ice, sand, and salt during the winter. During these times, beginning about mid-November, or at the first sign of snow, heavy rubber-backed mats are placed in the area. See pI. ex. 4 and 5, and def. ex. 7. The mats are not utilized when they are not needed, because they are a trip hazard in themselves and must be secured with duct tape. III. NEGLIGENCE The law of Maine for premises liability is well-settled: The owner of a building has a duty to use reasonable care to maintain the premises in a reasonably safe condition. In order to prove that the defendant was at fault, the plaintiff must prove by a preponderance of evidence that: 3 1. The condition of the lobby floor (wet/water) created a foreseeable risk of injury; 2. that the defendant caused the floor to be wet; or, 3. the defendant had actual knowledge that the floor was wet; or 4. the floor had been wet or that there was water on the floor for such a length of time that the defendant should have known about it; or 5. the floor was wet or water was present as a result of a recurrent condition that was foreseeable and created a risk of injury. See Alexander, Maine Jury Instruction Manual, § 7.63, Slip and Fall, Foreign Substance. If we use a standard for ice and snow rather than a foreign substance, the test is similar; however, when the condition is one that arises as a result of weather, the law recognizes that the owner of the premises must have notice, or a reasonable opportunity to get notice, of the condition and a reasonable opportunity to take appropriate steps to correct or warn of the condition. See Budzko v. One City Ctr. Assoc., L.P., 2001 ME 37, 767 A.2d 310; Poulin v. Colby ColI., 402 A.2d 846 (Me. 1979); Isaacson v. Husson ColI., 297 A.2d 98 (Me. 1972); and Alexander, Maine Jury Instruction Manual, § 7-64, Snow and Ice. IV. DISCUSSION There is no evidence that the defendant caused the floor to be wet or that the hospital had actual knowledge that the floor was wet or that water present on the floor. Security officers were conducting regular patrols and safety checks at reasonable intervals. Even if water was present, or the floor was wet from some cause other than wetness on plaintiff's own footwear, the court finds that the plaintiff has not proven by a preponderance of evidence that it was present for such a duration that the defendant knew or should have known about it. In winter time when snow, ice, slush, sand, and salt remain on the ground for substantial periods, the hospital places mats to deal with that recurrent condition, but 4 because the mats are themselves a trip hazard, especially for people with mobility problems that come to the hospital, it is reasonable to limit their use to times when they are needed on a more regular basis. v. CONCLUSION/JUDGMENT The court finds that on the evening of October 20, 2006, notwithstanding the continuing heavy rain, that the defendant was not negligent. The clerk shall make the following entry as the judgment of the court: ¢ Judgment for defendant Central Maine Medical Center on plaintiff JennyLee Griffin's complaint. ¢ No costs are awarded. SO ORDERED. DATED: May 4,2010 5 JENNYLEE GRIFFIN - PLAINTIFF SUPERIOR COURT ANDROSCOGGIN, ss. Docket No AUBSC-CV-2008-00106 Attorney for: JENNYLEE GRIFFIN CHRISTIAN J LEWIS - RETAINED 06/11/2008 HARDY WOLF & DOWNING 186 LISBON ST PO BOX 3065 LEWISTON ME 04243-3065 DOCKET RECORD vs CENTRAL MAINE MEDICAL CENTER - DEFENDANT Attorney for: CENTRAL MAINE MEDICAL CENTER STEPHEN WADE - RETAINED 06/26/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200 Attorney for: CENTRAL MAINE MEDICAL CENTER JAMES E BELLEAU - RETAINED 06/26/2008 SKELTON TAINTOR & ABBOTT 95 MAIN STREET PO BOX 3200 AUBURN ME 04212-3200 Filing Document: COMPLAINT Filing Date: 06/11/2008 Minor Case Type: PROPERTY NEGLIGENCE Docket Events: 06/11/2008 FILING DOCUMENT - COMPLAINT FILED ON 06/11/2008 06/11/2008 party(s): JENNYLEE GRIFFIN ATTORNEY - RETAINED ENTERED ON 06/11/2008 Plaintiff's Attorney: CHRISTIAN J LEWIS 06/11/2008 Party(s): JENNYLEE GRIFFIN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 06/11/2008 REQUEST FOR PRODUCTION OF DOCS INTERROGATORIES PROPOUNDED TO DEF AND DESIGNATION OF EXPERT WITNESS SERVED ON CMMC ON 6/9/08 06/11/2008 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 06/11/2008 06/30/2008 Party(s): CENTRAL MAINE MEDICAL CENTER ATTORNEY - RETAINED ENTERED ON 06/26/2008 Defendant's Attorney: STEPHEN WADE 06/30/2008 party(s): CENTRAL MAINE MEDICAL CENTER ATTORNEY - RETAINED ENTERED ON 06/26/2008 Defendant's Attorney: JAMES E BELLEAU 06/30/2008 Party(s): CENTRAL MAINE MEDICAL CENTER RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 06/26/2008 Page 1 of 5 Printed on: 05/14/2010 AUBSC-CV-2008-00106 DOCKET RECORD 07/01/2008 ORDER - SCHEDULING ORDER ENTERED ON 06/30/2008 JOYCE A WHEELER , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 07/01/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 03/02/2009 07/28/2008 Party(s): CENTRAL MAINE MEDICAL CENTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 07/28/2008 DEF'S OBJECTIONS AND RESPONSES TO PLT'S FIRST REQUEST FOR PRODUCTION OF DOCS SERVED ON CHRISTIAN LEWIS ESQ ON 7/24/08 08/01/2008 party(s): CENTRAL MAINE MEDICAL CENTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/01/2008 DEF'S INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCS PROPOUNDED ON PLT SERVED ON CHRISTIAN LEWIS ESQ ON 7/31/08 08/01/2008 Party(s): CENTRAL MAINE MEDICAL CENTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/01/2008 DEF'S OBJECTIONS AND ANSWERS TO PLT'S FIRST SET OF INTERROGATORIES SERVED ON CHRISTIAN LEWIS ESQ ON 7/31/08 08/07/2008 party(s): CENTRAL MAINE MEDICAL CENTER SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 06/17/2008 THROUGH LYNDA BENAK 08/07/2008 Party(s): CENTRAL MAINE MEDICAL CENTER SUMMONS/SERVICE - CIVIL SUMMONS FILED ON 08/06/2008 08/21/2008 Party(s): JENNYLEE GRIFFIN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/21/2008 NOTICE TO TAKE ORAL DEPO PURSUANT TO RULE 30 (B) (6) SERVED ON STEPHEN WADE ESQ ON 8/13/08 08/21/2008 ADR - NOTICE OF ADR PROCESS/NEUTRAL FILED ON 08/21/2008 ADR IS SET FOR 10/15/08 WITH J. PETER THOMPSON ESQ. AS MEDIATOR 08/26/2008 Party(s): CENTRAL MAINE MEDICAL CENTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/26/2008 DEF'S OBJECTIONS TO DEPO NOTICE OF CMMC SERVED ON CHRISTIAN LEWIS ESQ ON 8/25/08 08/29/2008 Party(s): CENTRAL MAINE MEDICAL CENTER DISCOVERY FILING - RULE 26(G) LETTER FILED ON 08/28/2008 REC'D 09-04-08: OBJECTION FILED. 09/02/2008 Party(s): JENNYLEE GRIFFIN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/02/2008 PLT'S ANSWERS TO DEF'S INTERROGATORIES AND PLT'S RESPONSE TO DEF'S REQUEST FOR PRODUCTION OF DOCS PROPOUNDED UPON THE PLT SERVED ON STEPHEN WADE ESQ ON 8/29/08 09/17/2008 HEARING - 26(G) CONFERENCE HELD ON 09/17/2008 JOYCE A WHEELER , JUDGE Defendant's Attorney: JAMES E BELLEAU Plaintiff's Attorney: CHRISTIAN J LEWIS Page 2 of 5 Printed on: 05/14/2010 AUBSC-CV-2008-00106 DOCKET RECORD PLAINTIFF'S AND DEFENDANT'S DEPO WILL BE TAKEN ON THE SAME DAY BUT PLAINTIFF'S DEP WILL BE TAKEN BEFORE DEFENDANT'S DEPO. COPIES TO COUNSEL ON 9-17-08 09/23/2008 Party(s): JENNYLEE GRIFFIN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/23/2008 NOTICE TO TAKE ORAL DEPO SERVED ON STEPHEN WADE ESQ ON 9/19/08 09/24/2008 Party(s): CENTRAL MAINE MEDICAL CENTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/24/2008 DEF'S NOTICE TO TAKE ORAL DEPO OF PLT SERVED ON CHRISTIAN J LEWIS ESQ ON 9/23/08 09/25/2008 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 09/25/2008 JOYCE A WHEELER , JUDGE 10/02/2008 Party(s): CENTRAL MAINE MEDICAL CENTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/01/2008 DEF'S AMENDED NOTICE TO TAKE ORAL DEPO OF PLT SERVED ON CHRISTIAN LEWIS ESQ ON 10/01/08 10/03/2008 Party(s): JENNYLEE GRIFFIN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/03/2008 NOTICE TO TAKE ORAL DEPO SERVED ON STEPHEN WADE ESQ ON 10/01/08 10/15/2008 Party(s): JENNYLEE GRIFFIN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/15/2008 SUPPLEMENT TO PLT'S RESPONSE TO DEF'S REQUEST FOR PRODUCTION SERVED ON STEPHEN WADE ESQ ON 10/13/08 10/17/2008 ADR - NOTICE OF ADR PROCESS/NEUTRAL FILED ON 10/17/2008 ADR HAS BEEN RESET TO 11/13/2008 WITH J. PETER THOMPSON ESQ AS MEDIATOR. 10/17/2008 Party(s): JENNYLEE GRIFFIN,CENTRAL MAINE MEDICAL CENTER LETTER - FROM PARTY FILED ON 10/17/2008 PARTIES AGREE THAT THE DEADLINE FOR ADR SHOULD BE EXTENDED TO 11/24/08 11/14/2008 Party(s): JENNYLEE GRIFFIN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 11/13/2008 NOTICE TO TAKE ORAL DEPO OF STEVE HOLMAN SERVED ON STEPHEN WADE, ESQ. ON 11/11/2008 11/14/2008 Party(s): JENNYLEE GRIFFIN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 11/13/2008 NOTICE TO TAKE ORAL DEPO OF DANIEL BEAULE SERVED ON STPHEN WADE ESQ ON 11/11/08. 11/19/2008 ORDER - REPORT OF ADR CONF/ORDER ENTERED ON 11/19/2008 JOYCE A WHEELER , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 11/19/2008 ORDER - REPORT OF ADR CONF/ORDER UNRESOLVED ON 11/19/2008 12/23/2008 Party(s): CENTRAL MAINE MEDICAL CENTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/23/2008 DEFS'S SECOND REQUEST FOR PRODUCTION OF DOCS DIRECTED TO PLT SERVED ON CHRISTIAN J. LEWIS, ESQ. ON 12/22/2008. Page 3 of 5 Printed on: 05/14/2010 AUBSC-CV-2008-00106 DOCKET RECORD 12/26/2008 Party(s): CENTRAL MAINE MEDICAL CENTER MOTION - MOTION TO AMEND PLEADING FILED ON 12/23/2008 TO AMEND ANSWER WITH SUPPORTING MEMORANDUM OF LAW 01/27/2009 Party(s): CENTRAL MAINE MEDICAL CENTER MOTION - MOTION TO AMEND PLEADING GRANTED ON 01/27/2009 THOMAS E DELAHANTY II, JUSTICE COPIES TO PARTIES/COUNSEL 02/13/2009 Party(s): JENNYLEE GRIFFIN DISCOVERY FILING - NOTICE OF DEPOSITION FILED ON 02/13/2009 OF MIKE BARNIES 03/05/2009 OTHER FILING - STATEMENT OF TIME FOR TRIAL FILED ON 03/05/2009 03/13/2009 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 03/13/2009 THOMAS E DELAHANTY II, JUSTICE 03/19/2009 Party(s): JENNYLEE GRIFFIN OTHER FILING - WITNESS LIST FILED ON 03/18/2009 PLT'S 03/19/2009 Party(s): JENNYLEE GRIFFIN OTHER FILING - EXHIBIT LIST FILED ON 03/18/2009 PLT'S 04/01/2009 Party(s): JENNYLEE GRIFFIN OTHER FILING - WITNESS LIST FILED ON 04/01/2009 PLT'S AMENDED 05/07/2009 ORDER - PRETRIAL/STATUS ENTERED ON 05/05/2009 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 05/07/2009 TRIAL - BENCH SCHEDULED FOR 06/02/2009 OS/20/2009 Party(s): CENTRAL MAINE MEDICAL CENTER OTHER FILING - WITNESS & EXHIBIT LIST FILED ON OS/20/2009 DEF'S OS/26/2009 Party(s): CENTRAL MAINE MEDICAL CENTER OTHER FILING - TRIAL BRIEF FILED ON OS/26/2009 DEFENDANT OS/27/2009 Party(s): JENNYLEE GRIFFIN, CENTRAL MAINE MEDICAL CENTER OTHER FILING - STIPULATION FILED ON OS/26/2009 TO: COPIES OF MEDICAL RECORDS AND BILLS IN LIEU OF ORIGINALS, MEDICAL RECORDS ARE ADMITTED INTO EVIDENCE AND MEDICAL BILLS ARE ADMITTED INTO EVIDENCE. 06/04/2009 Party(s): JENNYLEE GRIFFIN OTHER FILING - TRIAL BRIEF FILED ON 06/03/2009 Page 4 of 5 Printed on: 05/14/2010 AUBSC-CV-2008-00106 DOCKET RECORD 06/08/2009 Party(s): JENNYLEE GRIFFIN OTHER FILING - TRIAL BRIEF FILED ON 06/08/2009 PLT FIRST SUPPLEMENT TO PLT'S TRIAL BRIEF 06/11/2009 TRIAL - BENCH HELD ON 06/09/2009 THOMAS E DELAHANTY II, JUSTICE Defendant's Attorney: STEPHEN WADE Plaintiff's Attorney: CHRISTIAN J LEWIS MARC FRENETTE, ESQ. FOR DEFENDANT TAPE 321 IN 1671-END TAPE 323 1-3078 OPENING ARGUMENTS MADE. TESTIMONY GIVEN. CLOSING ARGUMENTS HELD. MATTER TAKEN UNDER ADVISEMENT. 06/11/2009 CASE STATUS - DECISION UNDER ADVISEMENT ON 06/10/2009 THOMAS E DELAHANTY II, JUSTICE 01/25/2010 OTHER FILING - OTHER DOCUMENT FILED ON 01/25/2010 LETTER FROM MICHAEL WELCH, ESQ. RE: DECISION 05/05/2010 FINDING - JUDGMENT DETERMINATION ENTERED ON 05/04/2010 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO ORDER - COURT JUDGMENT ENTERED ON 05/04/2010 THOMAS E DELAHANTY II, JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL Judgment entered for CENTRAL MAINE MEDICAL CENTER and against JENNYLEE GRIFFIN. THE COURT FINDS THAT ON THE EVENING OF OCTOBER 20, 2006, NOTWITHSTANDING THE CONTINUING HEAVY RAIN, THAT THE DEFENDANT WAS NOT NEGLIGENT. THE CLERK SHALL MAKE THE FOLLOWING ENTRY AS THE JUDGMENT OF THE COURT: JUDGMENT FOR DEFENDANT CENTRAL MAINE MEDICAL CENTER ON PLAINTIFF JENNYLEE GRIFFIN'S COMPLAINT. NO COSTS AWARDED. COPIES TO PARTIES ON 5-4-10. 05/05/2010 FINDING - FINAL JUDGMENT CASE CLOSED ON 05/05/2010 A TRUE COpy ATTEST: Clerk Page 5 of 5 Printed on: 05/14/2010
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