Oklahoma woman sues Mercy Joplin after injuring her face in hallway fall

An Ottawa County, Oklahoma woman filed a lawsuit against Mercy Joplin claiming she caught her leg on a metal frame in a narrow hallways, fell and injured her face.

According to the petition, Cheryl Brock was in Mercy's emergency room February 10, 2024 while her husband was seeking medical care when the accident occurred.

From the petition:

After registering at the triage desk, Plaintiff’s husband was taken to the emergency department examination suites with Plaintiff in tow. Plaintiff stepped outside her husband’s examination suite at some point to use the restroom in the common hallway just outside the examination suites.

After Plaintiff exited the restroom, she started walking down the common hallway to return to her husband’s examination suite. At the same time, an employee of Defendant was walking the opposite direction coming toward Plaintiff, so Plaintiff moved toward the right of the hallway.

A large metal frame device which resembled a hospital bed was positioned upright along the right wall of the hallway. Defendant’s employee and Plaintiff passed each other in the hallway near where the metal frame device was positioned along the wall. 

As Plaintiff was looking at the employee, Plaintiff’s foot caught one of the legs of the metal frame that,
unbeknownst to Plaintiff, was protruding further into the walkway. The legs of the metal frame caused Plaintiff to fall forward, whereupon she landed face first onto the hard tile floor and sustained injury to her face.

The metal frame and legs extending into the hallway constituted a dangerous condition in that it created a trip and fall hazard.

Defendant Mercy Joplin, by and through its employees, placed the metal frame in the hallway and positioned so as to create the dangerous condition.

Defendant Mercy Joplin knew or could have known about the metal frame positioned in the hallway in sufficient time to have remedied, barricaded, or warned about it.

The fall aforesaid and the injuries and damages suffered by Plaintiff as described below were the direct and proximate result of the negligence, carelessness, acts and/or omissions of Defendant Mercy Joplin, in one, more, or all the following particulars to wit:

a. by not keeping its premises in a reasonably safe condition free of hazards;

b. by not performing proper, frequent, and adequate inspections of the premises to discover the trip and fall hazard presented by the metal frame;

by failing to remedy, barricade, or warn about the trip and fall hazard created by the metal frame when such hazard existed for a sufficient period of time that

c. Defendant knew or could have known about it; and

d. by positioning the metal frame in the hallway with its legs protruding outward so as to create a trip and fall hazard;

Defendant’s failure to use ordinary care, as aforesaid, directly caused or contributed to cause Plaintiff to sustain bodily injury to her head and neck. Plaintiff has incurred a substantial sum for medical care and treatment. Plaintiff was caused and continues to have pain, suffering, loss of life’s enjoyment, diminished quality of life, and inconvenience as a result of her injuries.

Brock, who is represented by Patrick Martucci of Johnson, Vorhees and Martucci, is asking for damages and a jury trial.