Naples Hospital Not Liable for Parking-Lot Injury
The dispute was over an ankle injury suffered by a delivery driver.
April 02, 2018 at 10:14 AM
2 minute read
PREMISES LIABILITY
COLLIER CIRCUIT COURT
Naples Community Hospital was cleared by a jury of allegations it allowed a dangerous condition in its parking area.
In 2009, Michael Phelps, 55, a deliveryman, was dropping off medication at the hospital at 5:30 a.m. After he parked his truck and got out, he claimed he tripped over uneven asphalt, fracturing his right ankle. Phelps asserted he was a business invitee, and although he had parked in an unlit no-parking area, the hospital had acquiesced to people parking there.
The hospital argued the designated parking area had a smooth pavement and was well-lit. Moreover, the area where Phelps parked had a clear “No Parking” sign. Thus, Phelps should not be considered an invitee.
Case: Phelps v. NCH Healthcare System
Case No.: 11-1489-CA
Plaintiffs attorneys: Amanda Anne Downing, Dellutri Law Group, Fort Myers; and Evan D. Lubell and Ty G. Roland, Aloia, Roland, Lubell & Morgan, Fort Myers
Defense attorneys: Kevin W. Crews and Ashley P. Withers, Wicker Smith O'Hara McCoy & Ford, Naples
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