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WIESELER v. SISTERS OF MERCY HEALTH CORP.11/22/1995
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 [540 NW2d Page 447]
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 arc
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