CRAZY CIVIL COURT ← Back
OKLAHOMA COUNTY • CJ-2020-1004

Anthony H. Winnett and Kala L. Jenkins v. K.D.&S Homes, Inc. and Carrus Healthcare, LLC

Filed: Feb 20, 2020
Type: CJ

What's This Case About?

Let’s cut straight to the part that will make your blood run cold: a woman was dropped by nursing home staff while being helped off the toilet, broke both legs, and died months later from complications. And now her children are suing the facility and its management company, saying this wasn’t just a tragic accident — it was negligence that killed their mother. Welcome to the world of petty civil court, where the stakes aren’t about who stole whose lawn gnome — they’re about life, death, and whether a corporation cared enough to train its employees not to drop elderly people like dropped bags of groceries.

Jessie Christine Winnett wasn’t just a name on a medical chart. She was a mother, a woman in her later years who, on January 11, 2019, moved into The Kings Daughters & Sons Nursing Home in Durant, Oklahoma, likely hoping for care, dignity, and a little peace in her final chapter. Instead, she got a nightmare. Her children, Anthony H. Winnett and Kala L. Jenkins, are the ones now standing in court — not as representatives of an estate, because no formal personal representative was ever appointed, but as grieving family members demanding answers. On the other side? Two corporate entities: K.D.&S Homes, Inc., the Oklahoma-based owner of the nursing home, and Carrus Healthcare, LLC, a Texas company that, according to the filing, was running the day-to-day operations. Think of it like this: one owns the restaurant, the other runs the kitchen. Both, the plaintiffs allege, are responsible for what happened — or more accurately, what should have been prevented.

The timeline is short, brutal, and stomach-churning. Jessie had only been at the facility for about two weeks when, on January 27, 2019 — less than three weeks after check-in — staff attempted to help her transfer off the toilet. What should have been a routine, if delicate, moment in elder care turned catastrophic. According to the petition, she was either dropped or allowed to fall, resulting in fractures to both legs. Yes, both. Not one. Both. Imagine the pain. Imagine the terror. And imagine being unable to fully communicate it, unable to advocate for yourself, while lying on a cold bathroom floor with two broken limbs. From that moment on, her health went into a nosedive. She never recovered. She died on October 19, 2019 — nine months later — and the Oklahoma Medical Examiner didn’t mince words: her death was due to complications from those leg fractures. Let that sink in. She didn’t die of old age. She didn’t die of a sudden heart attack. She died because her legs were broken in a fall that never should have happened.

Now, you might be thinking, “Accidents happen, right?” And sure — in a world where people trip on rugs or slip on wet floors, maybe. But this wasn’t a slip. This was a transfer. A caregiving procedure. Nursing homes are supposed to have protocols, equipment, training — all the things that prevent exactly this kind of disaster. The plaintiffs aren’t just saying “this was sad.” They’re saying it was negligent. And they’re pointing fingers at both the owner and the management company, alleging they operated as a joint venture, meaning they shared responsibility. They also allege that the facility participated in Medicare and Medicaid, which means it accepted federal funds — and with that comes certain standards of care. You can’t take taxpayer money and then treat patients like afterthoughts.

The legal claim here is for negligence and wrongful death — and before you roll your eyes at legalese, let’s break it down. Negligence, in plain English, means they failed to act the way a reasonable nursing home would have. Did they have enough staff? Were they trained? Was proper equipment used? Did they follow transfer protocols? If not, and if that failure caused harm, that’s negligence. Wrongful death means someone died because of that negligence — and now the survivors can sue for damages. In this case, the plaintiffs are claiming Jessie suffered intense physical and emotional pain before she died — pain so severe it’s worth over $100,000 in damages. And each of her two children is seeking over $100,000 in wrongful death damages, meaning they’re arguing the loss of their mother — the emotional toll, the financial impact, the absence at holidays and birthdays — is worth at least that much per child. On top of that? They want punitive damages — again, over $100,000 per defendant — not to compensate, but to punish. Punitive damages are the legal system’s way of saying, “What you did was so bad, we need to slap your wrist hard enough that you never do it again.”

Now, let’s talk numbers. Is $100,000 a lot for a broken leg? For one, maybe not — depending on medical bills and pain. But for two broken legs that lead to a preventable death? For the loss of a parent? In the world of nursing home litigation, this is not an outrageous ask. In fact, it’s on the lower end of what similar cases have seen. And when you factor in punitive damages — which are meant to deter corporate greed and corner-cutting — suddenly, this lawsuit starts to look less like greed and more like accountability. These aren’t people suing because their mom stubbed a toe. This is a family saying, “They broke her. They let her suffer. And then they let her die.”

Here’s the part that makes us want to scream into a pillow: the sheer ordinariness of this tragedy. Nursing home falls are not rare. Preventable injuries? Common. Understaffing? A national crisis. And yet, every time one of these cases hits the docket, it feels like we’re shocked all over again. How does a person get dropped off the toilet? How do two legs get broken in a single incident? How does a facility that takes federal money fail so catastrophically at the most basic duty — keeping someone safe while helping them use the bathroom? The absurdity isn’t just in the details — it’s in the fact that we’re even having this conversation in 2023. We live in a country with robotic surgery and AI chatbots, but we can’t figure out how to safely lift an elderly woman from a toilet seat?

We’re not rooting for a windfall. We’re not saying every accident should lead to a lawsuit. But when a woman enters a care facility and leaves in a body bag because of a fall that could — and should — have been prevented, we’re rooting for accountability. We’re rooting for the idea that corporations can’t just shuffle blame between ownership and management like a shell game. We’re rooting for the notion that if you take someone’s parent into your care, you don’t get to treat them like a liability instead of a human being. And yeah, maybe that’s naive. Maybe the system is too broken. But if we stop being outraged every time a mom gets dropped on a bathroom floor, then what the hell are we even doing?

This case isn’t just about Jessie Winnett. It’s about every resident in every nursing home who can’t speak up. It’s about every family who trusts a facility with their loved one’s life — only to get a call saying, “There’s been an incident.” It’s about whether we, as a society, care enough to demand better. Because if we don’t, then the next headline might be even worse. And the one after that? Even more preventable.

So no, this isn’t a murder trial. No one’s being charged with a crime. But make no mistake — this is still a story about life and death. And in the quiet, fluorescent-lit halls of American elder care, that’s often the most disturbing story of all.

Case Overview

Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$100,000 Monetary
$100,000 Punitive
Plaintiffs
Claims
# Cause of Action Description
1 Negligence and Wrongful Death Plaintiffs allege Defendants' negligence caused fatal injuries to Jessie Winnett at a nursing home in Durant, OK.

Petition Text

645 words
THE DISTRICT COURT IN AND FOR OKLAHOMA COUNTY STATE OF OKLAHOMA ANTHONY H. WINNETT and KALA L. JENKINS, individually, and as natural son, daughter, and next of kin of JESSIE CHRISTINE WINNETT, deceased, Plaintiff, vs. K.D.&S HOMES, INC., d/b/a THE KINGS DAUGHTERS & SONS NURSING HOME; CARRUS HEALTHCARE, LLC, a Texas Limited Liability Company, Defendants. PETITION COMES NOW the Plaintiff and for their causes of action against the Defendants, alleges and states as follows: 1. This matter arises out of fatal injuries suffered by Jessie Winnett after being dropped by nursing care staff at THE KINGS DAUGHTERS & SONS NURSING HOME in Durant, Oklahoma. 2. This matter is being brought by the Plaintiffs pursuant to Okla. Stat. Tit. 12, §1054 in that no personal representative of JESSIE WINNETT has been appointed. 3. At all times relevant herein, the Defendant K.D.&S HOMES, INC. was an Oklahoma limited liability company licensed by the State of Oklahoma to operate a nursing home, and was doing business as THE KINGS DAUGHTERS & SONS NURSING HOME. 4. At all times relevant herein, the Defendant CARRUS HEALTHCARE, LLC is/was a Texas corporation registered with the State of Oklahoma with a service agent in Oklahoma County, Oklahoma. 5. At all times relevant herein, Defendant CARRUS HEALTHCARE, LLC and was doing business as a management company for nursing homes, and is/was under contract with Defendant K.D.&S HOMES, INC. to manage (an did manage) the day-to-day operation of THE KINGS DAUGHTERS & SONS NURSING HOME, including services that directly affected the health, safety, and welfare of THE KINGS DAUGHTERS & SONS NURSING HOME residents, including JESSIE WINNETT. 6. Plaintiff is informed and believes and thereon alleges that at all times herein relevant, that Defendants K.D.&S HOMES, INC. and CARRUS HEALTHCARE, LLC were engaged in a joint venture to an extent that each is liable for the conduct and negligence of the other. 7. Plaintiff is informed and believes and thereon alleges that at all times herein relevant, the Defendant K.D.&S HOMES, INC. participated in the Federal Medicare/Medicaid Program as that program relates to the Defendant’s receipt of payments for services rendered to some or all of its patients or residents at THE KINGS DAUGHTERS & SONS NURSING HOME. 8. On January 11, 2019, THE KINGS DAUGHTERS & SONS NURSING HOME accepted JESSIE WINNETT as a resident. 9. On January 27, 2019, during her residency at THE KINGS DAUGHTERS & SONS NURSING HOME, care staff dropped JESSIE WINNETT and/or allowed her to fall while transferring her off the toilet resulting in fractures to both legs. 10. Since the time of her injuries, JESSIE WINNETT’s health declined and she died on October 19, 2019 due to complications of her leg fractures according to the Medical Examiner of the State of Oklahoma. 11. Defendants K.D.&S HOMES, INC. and CARRUS HEALTHCARE, LLC individually, and by and through its respective employees and through their respective management/operation of THE KINGS DAUGHTERS & SONS NURSING HOME, were negligent which caused and/or contributed to JESSIE WINNETT’s decline in health and death. 12. As a result of the negligent and reckless acts and omissions of the Defendants, JESSIE WINNETT suffered physical and mental pain and suffering in an amount that exceeds $100,000. 13. As a further result of the negligent and reckless acts and conduct of the Defendants, the two (2) children of JESSIE WINNETT suffered wrongful death damages, wherein each survivor’s damages exceed $100,000: 14. The acts and conduct of Defendants, individually and by and through its employees, were such that punitive damages should be assessed against each Defendant in an amount in excess of $100,000. WHEREFORE, the Plaintiff prays that judgment be entered against the Defendants as well as costs, interest, and any other relief the Court deems just and proper. Respectfully submitted, GT LAW FIRM Guy A. Thiessen, OBA #13170 Bank of America Center, Suite 2800 15 West 6th Street Tulsa, Oklahoma 74119 P: 918-743-3306 F: 918-471-2178 [email protected] Attorneys for Plaintiff
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.