Kansas City, KS – A Wyandotte County jury has ordered the University of Kansas Medical Center to pay $1.4 million to a Liberty man who suffered injuries from a slip-and-fall accident in a hospital parking garage on New Year’s Eve of 2020.
The plaintiff, Douglas Dawson, claimed he slipped on ice formed from persistent leaks in the KUMC P2 parking garage, leading to serious injuries. The jury, concluding its deliberations in mid-November, agreed with Dawson’s assertion that the medical center was negligent, resulting in hazardous conditions.
However, the jury also found Dawson 30% responsible for the incident, reducing the total award from $2 million, aligning with arguments under the Kansas Tort Claims Act suggesting that inclement weather contributed significantly to the risky conditions on the garage’s second level.
The lawsuit detailed that since at least 2016, water had consistently leaked down from the upper levels of the concrete structure, forming pools that would freeze over and create slippery surfaces.
Legal representatives for the hospital did not immediately respond to inquiries for comments on the verdict or their client’s next steps. At trial, defense counsels argued that the hospital had taken reasonable steps to manage the unforeseen act of nature affecting the garage’s conditions.
The verdict breakdown includes $200,000 for noneconomic losses, $257,219 for economic losses, and an additional estimated $1.5 million split between future economic and noneconomic losses.
The case, presided over by Judge William Mahoney, attracted attention due to its implications for premises liability particularly in regions prone to icy conditions.
Experts consulted during the trial included Dr. Aldo Berti and Dr. Michael Rippee, both specializing in neurology, who supported Dawson’s claims of sustained neurological damage from the fall. Dr. Berti highlighted the impact of such injuries on overall brain function, while Tom Rewerts, a structural engineer, critiqued the integrity and maintenance of the parking structure.
On the defense, neuropsychologist William Blessing provided insights into the complexity of diagnosing and attributing neurological damages directly to the fall given the presented evidence.
The final award will assist Dawson in managing ongoing medical treatments and potentially adapt to life with his injuries, which were described during the trial as including mild traumatic brain injury and persistent post-concussion syndrome.
Legal analysts observe that this case might set a precedent for how similar claims are handled in the future, especially in facilities where environmental conditions can exacerbate existing hazards.
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