United States District Court, E.D. Kentucky, Southern Division
OPINION & ORDER
E. WIER UNITED STATES DISTRICT JUDGE.
Renal Care, Inc., d/b/a Raven Rock Dialysis (Raven Rock)
seeks summary judgment. DE #30 (Motion). Charles Frazier
opposed. DE #31 (Response). Raven Rock replied. DE #32
(Reply). The matter is ripe for consideration. For the
following reasons, the Court DENIES DE #30.
A jury must decide Frazier's surviving negligence claim.
February 19, 2016, Frazier went to Raven Rock, a clinic in
Letcher County, to receive dialysis treatment. See
DE #27 (Frazier Depo.), at 46 (Depo. p. 45). This was a
frequent occurrence. See Id. at 33, 47 (Depo. pp.
32, 46); DE #26 (Stewart Depo.), at 11, 24-25. Frazier
receives such treatment thrice weekly at the clinic. While
entering, he observed that an entrance mat was “turned
up, ” and continued toward it. As he tried to cross the
mat, Frazier's foot caught it, and he fell. In Plaintiffs
Q: On February 19, 2016, did you notice any problem with the
mat or rug that was in the entranceway?
A: It was turned up and I - and I didn't see it. I mean I
saw it but what I'm saying, I was talking to somebody.
Instead of stepping over it, I hooked my foot on it.
Q: When did you notice that the rug was turned up?
A: When I walked - opened the door. It's got two doors
and I pushed the door and when I saw it, what it shoulda - I
just did - I didn't pick my feet up I guess and I hooked
it. . . .
Q: And you walked over the rug.
A: Well, I - I thought I did but I hooked my foot on it and
that's what throwed me. I thought I had my foot over it
but I didn't.
DE #27, at 49-50 (Depo p. 48-49); see also Id. at 57
(Depo. p. 56) (Q: “When you opened up the door to talk
into the entranceway, did you see the rug with an end folded
up - A: “Yes.”); id. (“I thought I
got over it but I hooked my foot on it; and when I fell, . .
. it was still hung, I couldn't get it loose.”);
id. (confirming that his “foot got hung on the
folded part of . . . the rug”). By “turned up,
” Frazier clarified he meant “folded over on
itself.” Id. at 51 (Depo. p. 50). Plaintiff
estimated the fold to be about “three inches, two
inches, something like that.” Id. at 106 (Depo
p. 105) (characterizing the mat fold as not “big,
” but “noticeable”).
John Stewart, who regularly ferried Frazier to dialysis,
described the event as follows:
Q: Well, tell us what you recall about the incident of
February 19, 2016. You said you were with Mr. Frazier?
A: Yes. I take him to dialysis on Mondays, Wednesdays, and
Fridays. And, you know, he had got out of the truck, and he
was walking in the door, and the rug was rolled up in the
front of the door. And he tripped over it and landed into the
other door - the swinging doors that goes in.
DE #26, at 5. Stewart later said the mat was “folded
over.” Id. at 7. He estimated the fold to be
“probably a good four inches” high, involving
“probably a quarter of the rug.” Id. at
18. The depositions describe the extent of Plaintiff's
alleged injuries resulting from the fall. Based on this
incident, Frazier sued. The parties have litigated the case,
and Raven Rock now seeks judgment under Rule 56.