Jackson County jury awards millions in liability lawsuit

Summary

• Jackson County jury awarded $4.75 million in premises liability case.
• Plaintiff suffered severe injuries after fall in hospital parking lot.
• Verdict reduced by 5% comparative fault to $4.512 million judgment.
• Defendant argued wheel stop and property were not dangerous.

A $4.75 million verdict was granted to the plaintiff in a premises liability case out of Jackson County Circuit Court.

The verdict was reached Dec. 19, 2025, following a jury trial overseen by Judge Adam Caine. The verdict was reduced by 5 percent comparative fault, with a $4.512 million judgment entered. The plaintiff in the case was Nina Mingle; the defendants were Prime Healthcare Services – Kansas City, doing business as St. Joseph Medical Center.

The verdict comes after the plaintiff, who was 63 years old at the time, dropped off her mother at the defendant’s emergency room on Dec. 29, 2018. The plaintiff was in the ER parking lot when she tripped and fell over a wheel stop.

The plaintiff brought suit claiming that the paint on the wheel stop was flaking off, making the wheel stop blend in with the curb. The plaintiff believed she was stepping onto the curb but actually stepped into air and fell.

The plaintiff required open reduction internal fixation for a tibial plateau fracture, as well as four additional surgeries. The final surgery was to implant a spinal cord simulation, after the injuries developed in complex regional pain syndrome.

The plaintiff further argued that the wheel stop didn’t comply with American Society for Testing and Materials standards. The defendant denied liability, claiming there was no dangerous condition and that the plaintiff should have been looking out. The defendant also maintained it complied with Kansas City building codes; ATSM compliance is voluntary.

The defendant stated the property underwent regular inspections and was not dangerous, claiming that the plaintiff’s chronic back pain was pre-existing.

The plaintiff was represented by attorney Thomas J. Dickerson of Dickerson Oxton in Kansas City, with Kahlie M. Hoffman, also with Dickerson Oxton. The defendant was represented by attorney Bret A. Clark, with Scharnhorst Ast Kennard Griffin in Kansas City, with Joshua L. Hill, also with Scharnhorst Ast Kennard Griffin.

There was a pretrial demand for $2.475 million and a pretrial offer of $25,000.

The plaintiff’s team brought in several experts: safety consultant Russell Kendzior from Dallas; Dr. Catherine Doty, a diagnostic specialist and physiatrist life care planner in St. Louis; and John Ward, Ph. D., specializing in accounting, damages and economics from Prairie Village, Kansas.

The defendant’s experts were Dr. Alex Willingham, a diagnostic specialist and physiatrist life care planner in San Antonio; and Anthony Fenton, an architect from Chicago.

“We were very pleased with the outcome of the case. It took over seven years … when the verdict came down. It was a long road to get there,” said Hoffman. “We were thrilled to get it to a jury who believed in her and her story … we’re really proud of our client and her perseverance and her continued perseverance.”

The case is being appealed in the Western District, and Hoffman said they were “confident we will come out ahead on that as well.”

“We respectfully disagree with the verdict and are pursuing an appeal based on legitimate grounds,” Clark said in an emailed statement. “Because the matter remains ongoing, we are not able to comment further at this time.”

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Premises Liability

Amount of verdict: $4.75 million

Type of action: Premises Liability

Allocation of Fault: 95 percent defendant prime, 5 percent plaintiff

Breakdown: Reduced for 5 percent comparative fault, judgment entered for $4,512,000

Venue: Jackson County Circuit Court

Case Number/Date: 2116-CV17123/Dec. 19, 2025,

Judge: Adam Caine

Plaintiffs’ Experts: safety consultant Russell Kendzior, Dallas; Dr. Catherine Doty, diagnostic specialist and physiatrist life care planner, St. Louis; John Ward, Ph. D., accounting, damages and economics, Prairie Village, Kansas

Defendants’ Experts: Dr. Alex Willingham, diagnostic specialist and physiatrist life care planner, San Antonio; Anthony Fenton AIA, architect, Chicago.

Injuries: Leg, knee, ankle, foot, other

Special Damages: $112,939.02 past paid medical expenses; $18,201.36 outstanding medical expenses; $184,658.00 past and future loss of household services; and $1,174,580.00 future medical expenses

Last Pretrial Demand: $2.475 million

Last Pretrial Offer: $25,000

Caption: Nina Mingle v. Prime Healthcare Services, et al.

Plaintiffs’ Attorneys: Thomas J. Dickerson and Kahlie M. Hoffman, Dickerson Oxton, Kansas City

Defendants’ Attorneys: Bret A. Clark, and Joshua L. Hill, Scharnhorst Ast Kennard Griffin, Kansas City