Langston v. United States

RULING ON MOTION FOR SUMMARY JUDGMENT

Michael P. Shea, U.S.D.J.

Plaintiff Allasia Langston filed suit against the United States of America under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 and 2671, et seq. (“FTCA”). Langston's complaint alleges one count of negligence based on her allegation that she slipped and fell at the Bridgeport Post Office on January 13, 2018. The Government moves for summary judgment on this claim. For the reasons set forth below, the Government's motion for summary judgment is DENIED without prejudice.

I. Factual Background

The United States Postal Service operates a full-service post office located at 120 Middle Street, Bridgeport, CT (“Post Office”). ECF No. 31-2 at ¶ 1; ECF No. 32-1 at Section I, ¶ 1. The Post Office is located in an historic building and has terrazzo floors in the lobby area. ECF No. 31-2 at ¶ 2; ECF No. 32-1 at Section I, ¶ 2. A. Langston's Fall

On Saturday, January 13, 2018, Langston left her house around 12:00 p.m., or at some point “in the 12 o'clock hour, ” and drove to the Post Office to mail something. ECF No. 31-2 at ¶ 40; ECF No. 32-1 at Section I, ¶ 40. She was wearing Ugg all-weather boots. ECF No. 32-1 at

Section II, ¶ 3. According to Langston, it took her seven to ten minutes to drive from her home to the Post Office. ECF No. 32-1 at Section II, ¶ 5. Langston testified at her deposition that she parked on a side street. ECF No. 32-3 at 9^[1]. According to Langston, there were “hills of snow … pushed over from shoveling and that” on the ground that day. Id. at 7. According to Langston, she had to help her daughter out of the car upon arrival at the Post Office due to the hills of snow, and she and her daughter had to step on snow in order to get out of the car. ECF No. 32-1 at Section II, ¶ 8; ECF No. 32-3 at 16. At her deposition, Langston initially testified that “a walkway … was cleared” and that “[y]ou didn't have to step on any snow” to enter the Post Office, but she then stated that she could not recall whether she had to “walk across hills of snow” to enter the Post Office. ECF No. 34-1 at 16-17. She also testified that she could not recall if there was snow on the stairs leading into the Post Office. ECF No. 32-3 at 17. Langston submitted a weather report for January 13, 2018 that indicates that while there was rain in the early morning hours, there was no precipitation after 3:39 a.m. ECF No. 32-13 at 4. That report also indicates that temperatures were above freezing in the early morning hours but had dropped to 32 degrees by 9:52 a.m. and continued to drop throughout the day. Id.

Langston entered the Post Office through the north entrance, which is also known as the Golden Hill Street entrance. ECF No. 31-2 at ¶ 42; ECF No. 32-1 at Section I, ¶ 42. That entrance has stairs leading up from the sidewalk to the outside doors of the Post Office. ECF No. 31-2 at ¶ 6; ECF No. 32-1 at Section I, ¶ 6. There are marble pillars located on either side of the stairs. Id. The Government has presented evidence that there were yellow caution signs affixed to the pillars stating “CAUTION SLIPPERY WHEN WET” on January 13, 2018. ECF No. 31-2

at ¶¶ 7-8. Langston testified at her deposition that she did not remember whether the signs were there when she entered the Post Office that day. ECF No. 31-4 at 12.

Upon moving through the outside doors at the Golden Hill Street entrance, Post Office customers enter a vestibule area, which leads to another set of doors to the Post Office lobby. ECF No. 31-2 at ¶ 9; ECF No. 32-1 at Section I, ¶ 9. The Government has presented evidence that blue rugs are located in the vestibule area all year long, and that additional runners are placed there during the winter months. ECF No. 31-2 at ¶¶ 10-12. Langston does not recall whether she saw rugs in the vestibule area on January 13, 2018. ECF No. 32-1 at ¶¶ 10-12. Langston also does not remember if she saw water or debris on the floor of the vestibule area, and she does not remember slipping in that area. ECF No. 31-2 at ¶ 48; ECF No. 32-1 at Section I, ¶ 48.

Upon passing through the second set of doors into the lobby, Langston proceeded to her right towards the Post Office's full-service counter to mail a package. ECF No. 31-2 at ¶ 54; ECF No. 32-1 at Section I, ¶ 54. According to Langston, the Post Office is very busy on the weekends, and there were about twenty to twenty-five people there. ECF No. 32-1 at Section II, ¶ 10. At some point after passing through the doors but before reaching the full-service counter, Langston asserts that she slipped and fell. ECF No. 31-2 at ¶ 55; ECF No. 32-1 at Section I, ¶ 55 and Section II, ¶ 11. Langston does not remember whether she saw any water on the floor before she slipped and fell. ECF No. 31-2 at ¶ 56; ECF No. 32-1 at Section I, ¶ 56. She testified at her deposition that she did not “remember what the floor was looking like, ” ECF No. 31-2 at ¶ 49; ECF No. 32-1 at Section I, ¶ 49, but that she did recall that there was no caution sign in the area where her fall occurred. ECF No. 32-1 at Section I, ¶ 49. She claims that, after she fell, she observed a pizza-sized puddle of water on the lobby floor. ECF No. 31-2 at ¶ 57; ECF No. 32-1

at Section I, ¶ 57. Langston does not know how the water got onto the lobby floor, nor how long the water was on the floor prior to her fall. ECF No. 31-2 at ¶¶ 58-59; ECF No. 32-1 at Section I, ¶¶ 58-59.

The Government presented evidence that there are rugs on the floor of the lobby directly in front of each doorway, and that additional runners are placed in the lobby “[w]hen the weather gets bad.” ECF No. 31-2 at ¶¶ 14-15. The Government also presented evidence that the Post Office keeps two caution cones at the lobby entrances year-round and that the Post Office adds additional caution signs, as well as floor fans intended to keep the floor dry, during the winter months. ECF No. 31-2 at ¶¶ 18-20. Langston does not recall seeing any rugs, caution signs, or floor fans in the lobby. ECF No. 32-1 at Section I, ¶¶ 14-15 18-20.

The parties dispute how frequently and thoroughly Post Office employees inspected the lobby on January 13, 2018. While Jonathan Duberry, the custodian working the morning of January 13, testified at his deposition that he checks the lobby somewhere between every fifteen minutes and every forty-five minutes, depending on the weather, ECF No. 32-6 at 14, he also provided a written statement indicating that he checks the lobby “every 30 to 45 minutes for wet spots” during inclement weather. ECF No. 32-7 at 2. According to Langston, this discrepancy between his testimony and his written statement creates uncertainty regarding how frequently Duberry actually checked the lobby.

The parties also dispute whether Duberry conducted an inspection of the lobby shortly before Langston fell. Duberry testified that he was scheduled to work until 12:30 p.m. on Saturdays in January of 2018, although he would work past 12:30 if he found he needed to clean something near the end of his shift. ECF No. 32-6 at 17-18. Duberry also testified that he conducted a final check of the lobby floor before leaving, and that he did so “[p]robably around

12:15, 12:20 … [s]omewhere in there.” Id. at 17. As noted above, Langston left her house around 12:00 p.m., or at some point “in the 12 o'clock hour, ” to drive to the Post Office, ECF No. 31-2 at ¶ 40; ECF No. 32-1 at Section I, ¶ 40, and (according to Langston) it took seven to ten minutes to drive to the Post Office from her home, ECF No. 32-1 at Section II, ¶ 5. Given the uncertainty regarding what time Duberry conducted his final check of the lobby and what time Langston arrived at the Post Office, it is not clear whether Duberry checked the lobby before or after Langston's fall.

The parties also dispute whether the Post Office has a clear policy for what specifically should happen if an employee sees something on the ground. Langston points out that Orlando Giddiens, the Post Office's Supervisor of Operations, testified at his deposition that an employee should report any liquid on the ground to a supervisor, manager, or custodian-“whoever they can find first.” ECF No. 32-5 at 12-13. Duberry testified at his deposition that an employee who sees something on the ground should call a custodian to clean it up. ECF No. 32-6 at 12. Giddiens also testified that he was “not sure” if the Post Office had a policy requiring employees to report a fall if they witness one, but he indicated that the employee should report it to a supervisor or manager. ECF No. 32-5 at 20. The Government contends that this testimony does not indicate a lack of clear procedure, as both Giddiens and Duberry were clear that spills should be reported. ECF No. 34-1 at 7.

B. Events Following Langston's Fall

According to Langston, a Post Office employee who was behind a counter observed Langston on the ground immediately after her fall and peeked over to ask if she was all right. ECF No. 32-1 at Section II, ¶ 19. According to Langston, this employee was Hispanic, was in her thirties, and had brown, shoulder-length hair. Id. at Section II, ¶ 20. Langston also asserts

that after her fall, another female employee brought a cone to the spot where the fall had occurred but did not speak to Langston. Id. at Section II, ¶ 21. According to Langston, this employee was around 50 years old, “had shoulder-length hair, was white, about five foot three inches and was thin.” Id. at Section II, ¶ 23. According to Langston, a third employee-who was female, of medium build, and wearing a uniform-spoke to the employee who brought the cone over. Id. at Section II, ¶¶ 24-25. According to Langston, this third employee did not speak to her. Id. at Section II, ¶...