DANIEL L. DYSART, Judge.
Defendant-appellant, Hospital Housekeeping Systems, Ltd. ("HHS"), appeals from a trial court judgment in favor plaintiff-appellee, Edith Sassone. For the following reasons, we affirm.
In late December, 2004, Edith Sassone's husband was hospitalized at Lindy Boggs Medical Center ("LBMC") for treatment of pneumonia and bronchitis. Mrs. Sassone stayed with her husband at LBMC from the time that he was admitted until the time of the accident made subject of this lawsuit.
On the morning of December 28, 2004, as Mrs. Sassone proceeded towards a bedside table to answer a telephone, she slipped on a liquid substance and fell to the floor. As a result of her fall, Mrs. Sassone fractured her shoulder.
At the time of the accident, HHS provided janitorial services to LBMC. According
Suit was originally filed against HHS and LBMC and was later amended to name LBMC's proper entity, Tenet Mid-City Medical, d/b/a LBMC, and to add Ms. Hymes as a defendant.
A bench trial was held on May 23-24, 2011. By judgment dated September 7, 2011, the trial court ruled in Mrs. Sassone's favor and awarded general damages of $60,000, which was reduced to $50,000 pursuant to a pre-trial stipulation of the parties. The trial court's Reasons for Judgment make the following findings:
HHS has timely appealed this judgment.
HHS urges this court to review this record on a de novo basis.
Thus, we must determine whether the trial court judge's factual conclusions in this matter had a reasonable factual basis or are clearly wrong.
HHS raises thirteen issues for review; however, the only real issue in this matter is whether the trial court erred in its factual findings concerning whether Mrs. Sassone was, or should have been, aware that Ms. Hymes had recently mopped the floor in her husband's hospital room. HHS maintains that the only logical conclusion from the testimony of the witnesses at trial is that Mrs. Sassone knew that the floor on which she fell was wet, yet rushed to answer a ringing telephone anyway. HHS submits that the wet floor was an obvious danger and that accident was, therefore, caused by Mrs. Sassone's own fault, or at the least, by her comparative fault. While this may be one possible view of the evidence at trial, the trial court clearly rejected these factual findings.
At trial, three witnesses were called to testify as to the accident itself: Mrs. Sassone, Mr. Sassone (whose deposition was entered into evidence as he passed away prior to trial) and James Butler, the former housekeeping director for HSS at LBMC.
James Butler (who did not witness the accident) testified that LBMC's protocol was for its housekeepers to ask family members for permission to mop patients' rooms. However, neither the incident report prepared by Mr. Butler shortly after the accident, nor Ms. Hymes' statement
Similarly, while Mr. Butler testified that there was a wet floor sign at the door, he admitted that he did not know when the sign was placed there. While Ms. Hymes' statement indicates that "[her] wet floor sign was placed at the door," there is no indication as to when it was placed there, or whether it was clearly visible to Mrs. Sassone. In her testimony, Mrs. Sassone indicated that she never saw the sign, and her husband testified that Ms. Hymes did not put any kind of sign in the room before Mrs. Sassone's fall.
With respect to the actual events leading up to the fall, again, the trial court considered three versions. In her limited statement, Ms. Hymes noted that Mrs. Sassone was sitting in a chair by the door while she was mopping the floor. The phone rang and Mrs. Sassone proceeded towards it, at which time, she slipped and fell.
In his deposition, Mr. Sassone appeared to be somewhat confused. When first asked where his wife was when Ms. Hymes entered the room, he testified that she was on the side of his bed, but could not recall which side. He then testified that she was facing "[a]way from the door." At that time, according to Mr. Sassone, she was "straightening out the bed ... fixing the pillow and making sure [he] was comfortable." Later, he testified that his wife was on the right side of the bed while Ms. Hymes mopped the left side. When questioned whether his wife was facing Ms. Hymes while she was mopping on the left side, he stated "[n]o. She was facing the bed."
Mr. Sassone's testimony as to whether his wife saw Ms. Hymes was equivocal. He first testified that he "guess[ed]" his wife "had to" have seen her although at the same time, he stated that he did not know.
According to Mrs. Sassone's testimony, as she had for several nights, she slept on a "sleeper chair" the night before the accident. That morning, she pushed the chair from the side of the bed to the opposite side of the room. The phone then rang and, as she proceeded towards the end table, she slipped on a wet substance on the floor. Mrs. Sassone was adamant that Ms. Hymes never spoke to her and that she was unaware of her presence in the room prior to her fall. While Mrs. Sassone's supplemental discovery responses, introduced at trial reflect a different version of the accident, namely that she had been "sitting in a chair in her husband's room and, when she got up to answer the telephone, she slipped and fell on a foreign substance/liquid on the floor," we note that her response also directs the parties to "see [her] deposition for more detailed discussion." Defendant suggests that Mrs. Sassone's discovery responses are inconsistent with her trial testimony; however, HHS did not impeach Mrs. Sassone with any testimony from her deposition in which she stated that the accident occurred in a different manner than that to which she testified at trial.
Finally, we note that Mr. Butler's incident report indicates that Mrs. Sassone had been sitting in a chair and, "knowing the floor was wet," went to answer the phone. Again, he did not witness the accident, and he admitted that he did not know what Mrs. Sassone actually knew at the time of the accident. He did not speak with Mrs. Sassone about the accident, as she had already been moved when he arrived on the scene.
A review of the record in its entirety demonstrates that the trial court's findings are reasonable in light of that record. Because a fact finder's choice between two (or more) permissible views of the evidence cannot be manifestly erroneous or clearly wrong,