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Taylor v. Biloxi Regional Medical Center3/9/1999
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" erely proving the occurrence of an accident within the business premises is insufficient to prove liability; rather, the plaintiff must demonstrate that the operator of the business was negligent. To prove that the operator was negligent, the plaintiff must show either (1) that the operator caused the dangerous condition, or, (2) if the dangerous condition was caused by a third person unconnected with the store operation, that the operator had either actual or constructive knowledge of the dangerous condition. Constructive knowledge is established by proof that the dangerous condition existed for such a length of time that, in the exercise of reasonable care, the proprietor should have known of that condition." Lindsey, 16 F.3d at 618.
. After carefully reviewing the record in this case, we are unable to find any evidence demonstrating that BRMC caused the dangerous condition. Rather, the uncontradicted evidence shows BRMC exercised reasonable care to keep the premises in a reasonably safe condition by erecting covered walkways leading to the entrance into the hospital emergency room, providing two nonskid mats at the entrance, and monitoring the area to ensure any hazardous condition was cleaned promptly.
. Albert Jacquet, R.N., testified that upon arriving at BRMC for work at 6:45 a.m. on March 18, 1995, he retrieved two "wet floor" signs from a janitorial closet and placed them in the hallway. Jacquet also testified that there were two nonskid mats at the entrance to the hospital.
. Teri Velardi, director of environmental services, testified that housekeeping had inspected the emergency room, waiting room, and adjacent corridors at 7:20 a.m.
. Taylor argues that reasonable care required BRMC to either redesign its layout to eliminate the ninety degree angle to the hallway leading to the emergency room from the outside entrance or to place nonskid matting at the intersection of the hallways. After inspecting a sketch of the premises submitted as an exhibit, the trial Judge found that the site of the fall was simply an intersection of hallways, not a premises hazard. Deborah Montiforte, an emergency room nurse, testified that in the seven years she had been employed with BRMC she had never seen anyone fall at that turn in the hall prior to Taylor's fall. Moreover, to require the placement of nonskid matting at the intersection of hallways in an internal portion of the building would elevate BRMC to an insurer against all injuries. This the law does not require. Lindsey, 16 F.3d at 618.
. No proof was presented to establish BRMC had actual or constructive notice of a dangerous condition created by a third party. Constructive knowledge is established by proof that the dangerous condition existed for such a length of time, in the exercise of reasonable care, the proprietor should have known of that condition. Id. Neither Sexton nor Taylor testified that they saw water in the hallway prior to their entry with the stretcher. The incident report completed by Taylor indicated he slipped and fell at 8:08 a.m. The emergency room, waiting room and adjacent corridors had been inspected by housekeeping approximately forty-eight minutes earlier. The record shows Taylor, Sexton, the victim, and the gurney were wet as they entered BRMC. Sexton entered first pulling the gurney. Taylor followed at the rear of the gurney. As Sexton turned the corner to enter the hallway to the emergency room, Taylor slipped and fell. Sexton was unaware Taylor had fallen until he turned and saw Taylor getting up from the floor. Thus, no evidence was presented by Taylor to show BRMC had actual or constructive knowledge of any water on the floor before Sexton and Taylor en
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