Missouri Supreme Court overturns $1.5 million judgment against Mercy Joplin

The Missouri Supreme Court today reversed an appellate court decision awarding $1.5 million to a Monett man who was shot in the Mercy Joplin parking lot in 2015.

Steven Harner sued the hospital for negligence claiming Mercy should have protected him from Kaylea Nicole Liska, 21 at the time, who shot him after he found her in his car.

A Newton County jury found in favor of Harner, saying Mercy was 75 percent responsible for his shooting. That verdict was upheld by the Southern District Court of Appeals March 7.

The Supreme Court opinion reversed that decision, saying "Harner failed to make a submissible case because Mercy owed no duty to Harner under the known third person exception." The third person exception says businesses have no duty to protect customers from the criminal acts of others."

The opinion said no proof had been entered into evidence that Mercy was negligent and that Judge John LePage should have sustained Mercy's attorney motion for a judgment notwithstanding the verdict.

The incident that led to the lawsuit was detailed in the opinion.

At approximately 6:55 p.m. December 23, 2015, Kaylea Liska arrived at Mercy via ambulance with her boyfriend, who was to receive treatment at the hospital. After waiting for her boyfriend inside the hospital for some time, Liska became anxious and wanted to leave. 

Around 8 p.m., Liska left the hospital and entered the parking lot. In the parking lot, Liska approached Floyd Bennett, a 79-year-old man waiting in his car, and asked him for a ride. Bennett declined, and Liska walked away but remained in the parking lot. 

Bennett did not report the incident to Mercy because he believed Liska was more of an annoyance than a threat. 

At 8:04 p.m., Liska entered an unlocked vehicle belonging to Keith and Elnora Wooldridge. The Wooldridges were inside the hospital at the time. 

About 20 minutes later, the Wooldridges returned to the parking lot and found Liska inside their vehicle. Keith Wooldridge opened the door and said, “Lady, I think you’re in the wrong car.” Without speaking to the Wooldridges, Liska swiftly exited the vehicle and ran away, taking a case of medication from the vehicle with her.

The Wooldridges immediately went back inside the hospital and reported to Mercy employee Dee-Dee Baker at the front desk that someone had been in their car and they had been robbed. Baker called Mercy employee Jody Berry, who worked in dispatch for Mercy’s security department (Mercy security). 

Dispatcher Berry called Officer Ryan Meier with Mercy security and reported the incident to the Joplin police department. Officer Meier arrived at the front desk shortly thereafter and spoke with the Wooldridges for approximately 20 minutes.

 

Although the Wooldridges told Officer Meier they had been robbed, Officer Meier testified that what they described to him was a theft. The Wooldridges did not report that Liska had yelled at, threatened, or made any physical contact with them, or that she had a weapon. 

Officer Meier further testified that nothing the Wooldridges told him suggested Liska posed a threat to anyone at Mercy. At 8:48 p.m., Officer Justin Larcombe with Mercy security conducted two rounds by vehicle of the Mercy parking lot to look for suspicious people entering vehicles after being advised of the Wooldridge report. 

At 8:54 p.m., Officer Meier went back into the parking lot with Keith Wooldridge to inspect the Wooldridges’ vehicle. After his last round, Officer Larcombe stopped at the Wooldridges’ vehicle to inspect it and discuss the incident with Officer Meier and Keith Wooldridge. Officer Larcombe left the scene at 9:01 p.m., parked the security vehicle, and entered the hospital. 

Officer Meier returned to the hospital with Keith Wooldridge at 9:04 p.m., then left to patrol the parking lot at 9:13 p.m. Meanwhile, Liska remained in the parking lot after leaving the Wooldridges’ vehicle and returned to Bennett’s vehicle. 

Liska tapped on Bennett’s window to ask for a ride, and he again declined. Liska walked back into the parking lot. Like in the first occurrence, Bennett did not report the incident to Mercy. Liska walked around the parking lot until she found another unlocked vehicle, this one belonging to Harner. 

Harner testified the driver side door of his vehicle did not lock, but the vehicle’s alarm would sound and flash once armed if someone opened the door. Harner further testified that, before going into the hospital, he left his Ruger .380 pistol – which was loaded and had no safety – in either the center console or the glovebox, neither of which were locked.

Harner activated the car alarm before going into the hospital earlier that evening. Liska entered Harner’s vehicle at 8:27 p.m. (while the Wooldridges were inside talking to Baker at the front desk) and set off the car alarm. The alarm lasted for approximately 55 seconds. Liska set off the alarm again about four minutes later, this time causing the alarm to go off for approximately 12 seconds. 

Despite the alarms, Liska remained in the vehicle until Harner returned at 9:18 p.m. When Harner returned, he opened the door and yelled at Liska to get out of his vehicle. A brief struggle ensued, and Liska grabbed Harner’s pistol, shot him in the neck, and ran off. Harner survived, though the bullet injured his carotid artery and struck his spine.