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Bowden v. GateHouse Catering1/31/2005
n radiating to her leg, and burning, numbness and tingling in her arms. She had another MRI and was taking Percocet and Vicodin intermittently. In May or June of 1998, Dr. Welch recommended that she see Dr. Beverly Walters for an evaluation.
In early July 1998, she began working for Gatehouse Catering and discontinued her employment at Grill 262. She was hired as an event manager and also did cost and financial analysis of events catered by the company. Ms. Bowden indicated that she was required to travel to pick up flowers, produce and other items from vendors, travel to the catering sites, oversee the setup for the event, carry trays of food, and sometimes fill in for serving staff. She had worked there less than two (2) weeks when she was injured. The employee stated that at times, the pain was so bad in her neck, arms, back and legs that she had to lie down on a couch at the restaurant, but she continued working.
On July 25, 1998, she was in the kitchen at the Lippitt House when she slipped and fell backwards on her tailbone. She put her elbows back to break her fall and her elbows hit the cement floor and then the back of her head hit the floor. The employee stated that she felt a "shock" in her back and down her legs. She was taken by rescue to Rhode Island Hospital, examined and released.
The employee saw Dr. Welch within a few days. She had continued to treat with him and had just seen him on July 17, 1998. She complained of pain in her low back, both legs, her neck, both arms and both elbows. She also had constant severe headaches. The employee saw Dr. Walters shortly thereafter because she already had an appointment scheduled due to her previous problems.
In December 1998, the employee began treating with Dr. Frederick Burgess, a pain management specialist. He prescribed Methadone, Valium and Percocet, which she takes every day on a regular basis. Ms. Bowden has not worked since the fall in July 1998. She stated that since the fall at work, the condition of her low back is worse in that the pain is constant and extremely painful.
Reverend William Flug, the senior pastor at the Shepherd of the Valley United Methodist Church, testified that the employee was hired in the middle of July 1997 to do office/clerical work such as word processing, answering the telephone, scheduling and mailing for twenty (20) hours a week. From January to June 1998, her hours increased somewhat and then were reduced in June because the church was less busy.
Ms. Bowden never complained to Reverend Flug of any physical problems and she rarely missed time from work for any reason. He never noticed that she was having any difficulty and she never indicated that she was unable to perform certain tasks. Ms. Bowden had continued to work for the church until she was injured on July 25, 1998. She has not returned to work since that date.
A document prepared by the treasurer of the church was introduced into evidence which lists the employee's gross wages for each week from July 27, 1997 to August 2, 1998.
Umberto Sorbo testified that he previously owned the Velvet Club and Grill 262. The employee worked for the Velvet Club beginning around September 1997 and then later worked for Grill 262. He explained that she was employed as a manager at Grill 262, which was a restaurant. She did bookkeeping and scheduling and oversaw the floor and employees. He indicated that the employee had to be on her feet most of the time and she worked at least forty (40) hours a week. However, when Mr. Sorbo was confronted with copies of pay stubs from the business, he acknowledged that perhaps Ms. Bowden only worked about thirty (30) hours a week.
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