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McMurry v. Metropolitan Government of Nashville and Davidson County2/26/2003
Rebecca McMurry filed a complaint against the Metropolitan Government of Nashville and Davidson County ("Metro") and the Davidson County Sheriff's Office ("DCSO"), in which she alleged a cause of action against Metro pursuant to the Tennessee Governmental Tort Liability Act ("GTLA"). Ms. McMurry claimed that she slipped on water while working at the Criminal Justice Center in Nashville on September 14, 1998, and that, as a result of this fall, she suffered a knee injury . Ms. McMurry prayed for $130,000, which included money for her past and future damages resulting from her injury including pain and suffering, lost earning capacity and money for psychological treatment. Ms. McMurry also sought $3,758.30 in discretionary costs.
A non-jury trial was held, after which the trial judge awarded Ms. McMurry $24,000 for her damages and $2,858.30 in discretionary costs. Ms. McMurry appeals that award to this court. For reasons stated herein, we affirm the trial court's decision.
I. Facts
The Appellant, Ms. McMurry, was forty-five years old and employed by Metro at the time of the accident. Ms. McMurry was working at the Criminal Justice Center and did not know that the hallway floor beyond the security door had just been mopped. After Ms. McMurry came through the security door she slipped and fell on the wet floor. When Ms. McMurry fell she landed in a seated position with her left knee twisted under her. Ms. McMurry testified that she heard a pop as she fell and that her left knee became so swollen that her pant leg had to be cut off of her leg by the emergency technician. Ms. McMurry was transported by ambulance to the emergency room at Nashville Meharry Hospital or General Hospital.
Since the September 14, 1998, accident, Ms. McMurry testified that she has seen four different doctors and tried 20 kinds of pain medication in addition to enduring physical therapy. Ms. McMurry was not satisfied with the treatment that she received from the first two doctors that she saw. Therefore, she contacted the doctor who had performed surgery on her knee in 1988, Dr. Huber, and he referred her to Dr. McLaughlin. Dr. McLaughlin performed arthroscopic surgery on Ms. McMurry's knee and eventually determined she had reached her maximum medical improvement.
Ms. McMurry missed 130 days of work while recuperating from her injury and had to take six (6) days of leave without pay to attend doctor appointments. Ms. McMurry testified that she still suffers from pain and that she sleeps in an inflated leg brace. She also testified she cannot stoop, squat, climb or run up and down steps and that she has a hard time reaching or doing excessive walking.
Prior to the fall at issue in this appeal, Ms. McMurry had injured her left knee in 1988. As a result of that injury she had extra-articular reconstructive surgery on her knee for a torn anterior cruciate ligament. The surgery was performed by Dr. Huber. After this surgery, Ms. McMurry underwent physical therapy to rehabilitate her knee. For about four months after this surgery, Ms. McMurry remained under her doctor's care. There was some reference to a 22% disability rating to her lower extremity and a 9% rating to her body as a whole resulting from this prior injury.
When describing her prior injury, Ms. McMurry stated that after the surgery she suffered few limitations. Her doctor gave her a brace after the surgery, but did not set any limits for her. He told her to wear the brace on her left leg until she was comfortable with the strength of her knee. Ms. McMurry testified that after her first surgery she could ride a bike, but could not run. Ms. McMurry testified that she started working hersel
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