Woman Says Harvard Covered Up Evidence

A woman who slipped and broke her hip on an allegedly slippery surface in the Malkin Athletic Center (MAC) has accused University officials of tampering with and concealing possible evidence in her civil suit against Harvard.

Ronna Johnson, a professor at Tufts, fell on the threshold between the washroom and shower room in the women's locker room of the MAC on April 4, 1992. She filed suit on August 10, 1993.

But the parties have found it difficult to determine whether the surface was excessively slippery. Two weeks after the suit was filed, Harvard replaced the entire floor.

"The defendants effectively destroyed the evidence by covering the threshold and the surrounding flooring with new epoxy flooring," a motion filed by Johnson's lawyer last month said.

Harvard contended that the resurfacing had been planned since 1987, but was delayed by budgetary constraints.

A plaintiff's motion filed in June states that during depositions in early stages of the case, Harvard's witnesses maintained that the threshold floor was installed in 1931. The floor, these witnesses said, was not slippery but rather coarse and abrasive.

But the June document cites testimony by Walter F. Morgan Jr., president of the DePaoli Mosaic Company, who contradicted the University's witnesses. Morgan, whose company installed the threshold during MAC renovations in 1965, said the floor there was smooth and "if it was wet enough, could cause hydroplaning."

In response, Harvard produced a document showing that H.H. Hawkins Contracting roughed up the surface in March 1986.

Meanwhile, Johnson has had hip replacement surgery and will require additional surgery every 10 to 15 years. Her attorney, Marian H. Glaser, said her injury "will be with her for the rest of her life."

Repeated attempts to contact the attorneys handling the case for Harvard were unsuccessful.

The plaintiffs allege that Harvard failed to provide a witness that could adequately address how slippery the floor was.

A document filed by the plaintiffs in July cites testimony from Alice McCabe, director of aquatic teaching at the MAC. In the testimony, McCabe said the MAC keeps a "red book on all accidents" at the athletic center.

Harvard did not produce the red book, and the plaintiffs charge; "there have been a number of accidents in the Malkin Athletic Center contrary to the defendant's discovery responses."

The plaintiffs also accuse Harvard of falling to provide adequate evidence of the budgetary constraints that prevented the resurfacing of the floor from 1987 to 1993.

Harvard responded that it had answered "voluminous requests" for the plaintiffs, including 65 interrogatories, or questions; four sets of requests for production of documents; and 15 depositions.

Harvard also disputed the claim that the defendant didn't have a chance to examine the threshold. A motion filed by the University stated that plaintiff took photographs of the threshold prior to the resurfacing.

A judge has denied the plaintiff's motion for further discovery, and a motion for further discovery and a motion for reconsideration is now pending.

Glaser, Johnson's attorney, said she does not expect a settlement of the case any time soon

In response, Harvard produced a document showing that H.H. Hawkins Contracting roughed up the surface in March 1986.

Meanwhile, Johnson has had hip replacement surgery and will require additional surgery every 10 to 15 years. Her attorney, Marian H. Glaser, said her injury "will be with her for the rest of her life."

Repeated attempts to contact the attorneys handling the case for Harvard were unsuccessful.

The plaintiffs allege that Harvard failed to provide a witness that could adequately address how slippery the floor was.

A document filed by the plaintiffs in July cites testimony from Alice McCabe, director of aquatic teaching at the MAC. In the testimony, McCabe said the MAC keeps a "red book on all accidents" at the athletic center.

Harvard did not produce the red book, and the plaintiffs charge; "there have been a number of accidents in the Malkin Athletic Center contrary to the defendant's discovery responses."

The plaintiffs also accuse Harvard of falling to provide adequate evidence of the budgetary constraints that prevented the resurfacing of the floor from 1987 to 1993.

Harvard responded that it had answered "voluminous requests" for the plaintiffs, including 65 interrogatories, or questions; four sets of requests for production of documents; and 15 depositions.

Harvard also disputed the claim that the defendant didn't have a chance to examine the threshold. A motion filed by the University stated that plaintiff took photographs of the threshold prior to the resurfacing.

A judge has denied the plaintiff's motion for further discovery, and a motion for further discovery and a motion for reconsideration is now pending.

Glaser, Johnson's attorney, said she does not expect a settlement of the case any time soon