Siragusa v. Swedish Hospital

60 Wash.2d 310, 373 P.2d 767 (1962)

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Issues

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Nature Of The Case

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Facts

P was engaged in her duties as a nurse's aid for D. She had begun her employment there approximately three months prior to the day of the accident. P was in room No. 130, a six-patient ward, giving regular care to the patients assigned therein. The time of day was approximately 6 a.m. As a part of her normal duties, she went to the washbasin, which was located on the wall behind the door to the room, and stood directly in front of it. Previously, upon entering the room, she had closed the door, as was customary, so that persons in the hall could not observe her giving morning care to the patients. Located on the inside of the door to the room was a metal hook shaped like a semiarc with the end turning out in the form of a curl. It was there for the purpose of allowing patients or hospital personnel to open the door from the inside with a forearm. The washbasin was within the swing of the door. While P stood by the basin, filling it with water, a patient in a wheelchair pushed open the door, causing the metal hook to strike P in the upper portion of the back. P was hospitalized for treatment of the resulting injuries. P sued D alleging negligence in failing to furnish her with a reasonably safe place to work. D generally denied any negligence on its part, and by way of affirmative defenses, alleged contributory negligence and voluntary assumption of the risk. The trial court granted D's motion challenging the sufficiency of the evidence and ruled that P assumed the risk of harm as a matter of law and dismissed the suit. P appealed.

Rule Of Law

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Holding & Decision

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Legal Analysis

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