Bethel v. Peters

97 P.3d 822 (2004)

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Nature of the Case

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Facts

P fell in the shower area of D’s senior center. She suffered multiple fractures in her right leg. P’s leg remains bent and her activity has been curtailed. After the accident, Louise Charles, D's director of senior services, prepared an 'Accident/Incident Investigation Report,' in which she recommended the installation of safety bars in the shower area. Safety bars were later installed. P sued D alleging negligence in its maintenance of the shower. P's theory was that safety bars in the shower would have prevented the fall and that D was therefore negligent in failing to install the safety bars before the accident. P introduced into evidence a redacted version of the accident report in which the section detailing the 'corrective action taken' was blacked out. P's attorney also questioned Charles and senior center administrative assistant Bev Bell, asking each whether soon after the accident she thought safety bars should be installed, and whether she had thought of it before the accident. Charles volunteered that safety bars had in fact been installed after the accident. In closing, P argued that the City should have known before the accident that safety bars would make the shower area safer. P mentioned the recommendations Charles made in her report but never discussed D's actual installation of the bars. P got the verdict and D appealed.