Appeal from the Nineteenth Judicial District Court In and for
the Parish of East Baton Rouge State of Louisiana Docket No.
C649, 638 Honorable Janice Clark, Judge Presiding
William D. Grimley Baton Rouge, Louisiana Counsel for
Plaintiff/Appellee Courtney Queen
Randall L. Champagne Baton Rouge, Louisiana Counsel for
Defendant/ Appellant Woman's Hospital Foundation
BEFORE: WHIPPLE, C.J., McCLENDON, WELCH, HIGGINBOTHAM, &
Woman's Hospital Foundation ("Woman's
Hospital"), appeals a judgment in favor of appellee,
Courtney Queen, awarding damages for injuries sustained in a
slip-and-fall accident. For the following reasons, we
AND PROCEDURAL HISTORY
underlying suit arises out of a personal injury suffered by
Ms. Queen at Woman's Hospital in Baton Rouge, Louisiana.
On December 1, 2015, at around 8:50 p.m., Mr. Isiah Smith,
who was employed as a floor tech at Woman's Hospital, was
mopping the landing area near the second floor elevators. Ms.
Queen, who had been visiting a relative at the hospital,
entered the elevator on the hospital's first floor and
proceeded up to the second floor. Prior to Ms. Queen exiting
the elevator on the second floor, Mr. Smith had set up two
(2) wet floor signs by the elevators, one at the outer edge
of the elevator landing area and one in front of and in
between the two back elevators. Ms. Queen indicated that she
saw Mr. Smith as she was exiting the elevators, and
surveillance video reflects that she went around one of the
wet floor signs. Thereafter, she slipped and fell to the
floor causing injuries to her back and left knee.
6, 2016, Ms. Queen filed suit against Woman's Hospital,
alleging that Woman's Hospital was negligent for, among
other things, creating a hazardous condition and failing to
take steps to adequately safeguard the public. Woman's
Hospital answered the petition, generally denying Ms.
a bench trial, the trial court adopted Ms. Queen's
proposed findings of fact and conclusions of law and rendered
judgment in favor of Ms. Queen and against Woman's
Hospital, awarding Ms. Queen $43, 837.00 in damages.
Hospital has appealed, assigning the following as error:
1. The trial court erred in ruling Appellant - Defendant,
Woman's Hospital Medical Center, was at fault, as the
findings of the trial court ignored the clear law and
jurisprudence in regards to alleged slip and falls on the
premises of a hospital, and the reasonableness of the
measures used by Woman's Hospital Foundation.
2. Alternatively, if this Court determines Defendant -
Appellant was at fault, which is at all times denied, the
trial court erred in not assessing fault to the Plaintiff -
Appellee, Courtney Queen, despite her obvious comparative
3. The Trial Court erred in its excessive award of damages to
the Plaintiff - Appellee, considering her limited ...