Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kahn v. Cleveland Clinic Florida Health System Nonprofit Corp.

United States District Court, S.D. Florida

December 14, 2017

GARY KAHN, Plaintiff,
v.
CLEVELAND CLINIC FLORIDA HEALTH SYSTEM NONPROFIT CORPORATION d/b/a Cleveland Clinic Hospital, Defendant.

          ORDER

          JOHN J. OSULLIVAN UNITED STATES MAGISTRATE JUDGE

         THIS MATTER came before the Court on the Defendant's Motion for Partial Summary Judgment (DE# 80, 10/27/17).

         BACKGROUND

         The operative complaint alleges that the plaintiff, a disabled individual, [1] injured his leg during a fall sustained in a handicap restroom at the defendant's facility on July 10, 2015. See Plain[tiff's] Second Amended Complaint for Damages and Injunctive Relief (DE# 47, 3/30/17) (hereinafter "SAC"). It asserts two causes of action against the defendant: common law negligence (Count I) and violations under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq (hereinafter "ADA") (Count II).

         On October 27, 2017, the defendant filed the instant motion and statement of undisputed facts seeking summary judgment on both counts. See Defendant's Motion for Partial Summary Judgment (DE# 80 at 1, 10/27/17) (hereinafter "Motion"); Defendant's Statement of Undisputed Material Facts in Support of Motion for Partial Summary Judgment (DE# 81, 10/27/17) (hereinafter "SOF"). Specifically, the defendant seeks summary judgment on the negligence count and partial summary judgment on the ADA count as it pertains to the turning space and storage receptacles located in the restroom where the plaintiff fell. See Motion (DE# 80 at 10). The plaintiff filed his response to the motion and the SOF on November 30, 2017. See Plaintiff's Response in Opposition to Defendant's Motion for Partial Summary Judgment [DE 80] (DE# 100, 11/30/17) (hereinafter "Response"); Respondent's Statement of Disputed Facts in Opposition to Movant's Statement of "Undisputed" Material Facts and Statement of Additional Material Facts in Opposition to Defendant's Motion for Summary Judgment (DE# 99, 11/30/17) (hereinafter "RSOF"). The plaintiff also filed the Affidavit of Luz A. Warford, the person responsible for inspecting and cleaning the restroom.[2] See Plaintiff's Notice of Filing Affidavit of Luz Warford in Support of Plaintiff's Response in Opposition to Defendant's Motion for Partial Summary Judgment (DE 100) (DE# 113, 12/8/17) (hereinafter "Affidavit of Luz Warford"). The defendant filed its reply and an response to additional facts on December 11, 2017. See Defendant's Reply in Support of Motion for Partial Summary Judgment (DE# 115, 12/11/17) (hereinafter "Reply"); Defendant's Response to Plaintiff's Statement of Additional Material Facts in Opposition to Defendant's Motion for Partial Summary Judgment (DE# 116, 12/11/17) ("Reply SOF").

         The Court heard argument on the instant motion on December 14, 2017. This matter is ripe for adjudication.

         FACTS

         On July 10, 2015, the plaintiff, a disabled individual, and his aide, Laurie Denis, were at the defendant's facility for the plaintiff's medical procedure. The plaintiff notified the desk clerk that he needed to use the restroom. The desk clerk directed the plaintiff and Ms. Denis to the restroom on the first floor.

         The plaintiff and Ms. Denis entered the restroom. The plaintiff was able to pull into the restroom without interference. See Deposition of Gary Kahn (DE# 81-1 at 74-75). However, when the plaintiff entered the restroom, he "had to come in a certain way." Id. at 89-90. There were two soiled linen bins inside the restroom. Id. at 89. The plaintiff testified that the two soiled linen bins "took up room, but they did not influence the injury." Id., at 90.

         The plaintiff[3] pulled his motorized wheelchair up to get in front of the toilet, "alongside it in front of it" so he could "get to the grab bar." Deposition of Gary Kahn (DE# 81-1 at 34, 38).[4] The plaintiff then "back[ed] up a little bit" to give himself "foot room to get down [from the wheelchair] and grab [the] bar."Id. at 35, 38. The plaintiff "[brought his] legs back while . . . standing, [5] lower[ed his] pants and started to . . . turn at which time [he] started to lower [himself on]to the toilet, realized [the toilet] was a little lower than [the plaintiff was] used to so [the plaintiff] changed [his] mind to get back to the chair, [and] stood up." Id. He asked Ms. Denis the bring back the wheelchair or move the wheelchair towards the plaintiff so the plaintiff could sit down again. Id. at 36. The plaintiff remained standing, waiting for the chair, Id. at 37. Ms. Denis had trouble moving the chair because a trash can had gotten caught between the two rear wheels of the chair. ] Id. at 37, 39. Ms. Denis told the plaintiff the chair was stuck, Id. at 43. The plaintiff could not continue standing up. He lost his grip due to his multiple sclerosis and fell to the floor, injuring his leg. ]dL at 40-43, 139.

         After he fell, the plaintiff told Ms. Denis to pull the emergency cord to ask for help because he could not reach it himself. Id. at 43-44.

         STANDARD OF REVIEW

         In reviewing a motion for summary judgment, the Court is guided by the standard set forth in Federal Rule of Civil Procedure 56(a), which states, in relevant part, as follows:

A party may move for summary judgment, identifying each claim or defense - or the part of each claim or defense - on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.