Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Krey v. Brennan

United States District Court, D. Maryland

June 28, 2017

KARL HEINZ KREY
v.
MEGAN BRENNAN, Postmaster General, United States Postal Service,

          MEMORANDUM OPINION

          DEBORAH K. CHASANOW, United States District Judge

         Presently pending and ready for resolution in this tort action are (1) the motion to dismiss or, in the alternative, for summary judgment filed by Defendant the United States of America (the “United States”) (ECF No. 33), and (2) the motion for summary judgment filed by Defendants 6900 Wisconsin Avenue LLC and WPC Management LLC (the “Landlord Defendants”) (ECF No. 36). The issues have been briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, both motions will be granted.

         I. Background[1]

         The Landlord Defendants own the building located at 6900 Wisconsin Avenue in Bethesda, Maryland, which they lease to the United States. (ECF No. 36-2, at 2). The United States operates a branch of the United States Postal Service (“USPS”) out of this location (the “Bethesda Post Office”). (Id.). On December 20, 2012, Plaintiff Karl Heinz Krey (“Plaintiff”) entered the lobby of the Bethesda Post Office at around 8:00 p.m. and slipped on a wet area of the floor, which resulted in a broken hip. (ECF No. 33-2, at 29).

         Employees at the Bethesda Post Office serve customers from 9:00 a.m. to 5:00 p.m. on weekdays. (ECF No. 33-3, at 19). According to the Postal Operations Manual (“POM”), “[a]t the postmaster's discretion, lobbies may remain open 24 hours a day to allow customers access to PO Boxes and self-service equipment, provided that customer safety and security provisions are deemed adequate by the Inspection Service.” (ECF No. 33-6, at 108). While the Bethesda Post Office service windows close at 5:00 p.m., the lobby area remains open twenty-four hours per day pursuant to the postmaster's decision under this POM provision. (ECF No. 33-3, at 19).

         During wet weather conditions, the Bethesda Post Office generally follows procedures outlined in the Maintenance Handbook on Floors, Care, and Maintenance (the “Maintenance Handbook”) published by the USPS Office of Management and Maintenance. The Maintenance Handbook states:

In order to avoid serious injuries caused by slips and falls on wet floors, use the following guidelines:
k. Use Wet Floor signs freely and place them in high visibility areas to alert employees and/or customers.
l. When possible, close off the area by barricading it with safety rope.
m. During rainy or snowy weather, place safety matting in employee/customer entrances, such as lobbies and vestibules.
n. Repeatedly mop up water that has been tracked in.
o. When mopping or scrubbing floors, complete work in one small section at a time.
p. After scrubbing or wet mopping the floor, check it for a slippery film. If a film is present, rescrub or mop the floor using a neutralizer to remove the film.

(ECF No. 40-4, at 7). After the service windows close, the last employee at the Bethesda Post Office usually checks the condition of the lobby at around 6:30 p.m. (ECF No. 33-3, at 28). If the floor is wet, or if it is raining or snowing outside, that employee will place additional matting and yellow caution signs in the customer access area to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.