Evans & Dixon has successfully defend two companies accused of negligence in a wrongful death case brought by the wife of a thirty (30) year old fan who was assaulted and died in the parking lot at the Kansas City Chiefs vs. Denver Broncos football game on December 1, 2013. Jennifer Vanwinkle’s husband Kyle was out for a football game with family and friends when he was confronted in a physical altercation with other patrons in a parking lot during the game, and he died as a result of injuries sustained in that assault. On July 11, 2016, Ms. VanWinkle filed her Petition for Wrongful Death against the Kansas City Chiefs Football Club, Inc. and the perpetrator, Joshua Bradley. Following the exchange of written discovery in the case in which the Chiefs claimed the companies providing parking services, and others, were providing security in the parking lot, plaintiffs filed an Amended Petition for Damages on November 30, 2016 adding Evans & Dixon clients Premier Parking, LLC and NPB Companies, Inc. as well as Whelan Security Co., to the lawsuit.
The case continued for another year and one-half, including a failed mediation in March 2018. The plaintiff sought in excess of $20 million in the case based on the alleged failure to have police and/or security in the parking lot to look for and prevent incidents like the one which took Mr. VanWinkle’s life. Approximately three hundred thousand (300,000) pages of documents and other materials were involved in discovery, along with the depositions of dozens of witnesses from the parking lot, as well as the companies who were involved in the litigation. Another dozen experts were engaged by the parties to the litigation. Our clients had disclosed three highly regarded experts on the subject of parking and security operations to testify in their defense at trial.
The case was set to start trial June 11, 2018. Shortly before trial, NPB and Premier were dismissed from the case with no payment. The case was subsequently resolved between the plaintiff and remaining defendant Kansas City Chiefs for a confidential amount. The case was defended by Brian J. Niceswanger, Stephanie A. Preut and Oliver Maguire of Evans & Dixon.