Williams v. Capitol Corp. Cleaning Inc.

In a slip and fall case, the trial court did not err by instructing the jury that where a defendant is an independent contractor performing janitorial services, it has no independent duty to inspect the premises for the safety of invitees on the premises.

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Letha Williams brought a personal injury action against Capitol Corporate Cleaning, Inc. “Capitol”, alleging that Capitol was negligent in performing cleaning services at Williams’s workplace, where she was injured after a slip and fall. Following a jury trial resulting in a verdict in favor of Capitol, Williams appeals from the trial court’s denial of her motion for new trial. She contends that the trial court erred by 1 improperly instructing the jury, 2 entering a judgment that was unsupported by the evidence, and 3 allowing Capitol to present a closing argument after it waived argument. For the reasons that follow, we affirm. Williams’s complaint alleged that while she was an employee at the corporate offices of a hotel group, she walked through a computer tape storage library and slipped on a foreign substance on the floor, causing injuries to her hands, knees, and back. She reported the injury to her supervisor, sought treatment at a hospital, and ultimately required three knee surgeries. According to the complaint and Williams’s testimony at trial, Capitol, an independent contractor hired to perform routine cleaning at the facility, had created the slick spot in the floor with an aerosol furniture polish. During cross-examination of Williams, Capitol’s attorney challenged her about pre-existing pain and swelling in her injured knee. Capitol emphasized this during closing argument and also argued about the speculative nature of the evidence as to the cause of the slick spot.

Following a jury verdict in favor of Capitol, Williams filed a motion for new trial, which was denied, giving rise to this appeal.

Williams v. Capitol Corp. Cleaning Inc.

In a slip and fall case, the trial court did not err by instructing the jury that where a defendant is an independent contractor performing janitorial services, it has no independent duty to inspect the premises for the safety of invitees on the premises.

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