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TULSA COUNTY • CJ-2025-783

Modina Waters v. VTR Hillcrest MC Tulsa, LLC

Filed: Feb 25, 2025
Type: CJ

What's This Case About?

Let’s be honest: when you think “dangerous place to fall,” an underground carpeted tunnel beneath a medical complex probably doesn’t top your list. But for 78-year-old Modina Waters, it wasn’t just a hallway—it was a death slide disguised as healthcare infrastructure. One minute she’s dutifully pushing her husband’s wheelchair like any spouse might, the next she’s tumbling down a steep, carpeted incline like she’s in some bizarre medical-themed action movie. And now? She’s suing the entire Hillcrest healthcare machine for turning what should’ve been a routine doctor’s visit into a real-life Mission: Impossible stunt gone wrong.

Modina Waters wasn’t there for herself. She was at the Hillcrest Physicians Building on South Utica in Tulsa, Oklahoma, on September 15, 2023, playing the role so many spouses play—supportive partner, navigator of medical bureaucracy, and unofficial wheelchair chauffeur. Her husband, Mr. Waters (whose first name we don’t know, but whose mobility issues we do), had a urology appointment with Dr. Dae Yun Kim. Nothing too out of the ordinary—except, of course, that the appointment required blood work. And the lab? Oh, honey, it wasn’t down the hall. It was in another building. And the only way to get there? An underground tunnel. Not a charming, well-lit pedestrian passage with handrails and a gentle slope. No. This was a carpeted decline so steep it might’ve made a snowboarder pause. And it’s apparently just how Hillcrest rolls when you need to get from Point A (urology) to Point B (blood draw).

So Modina, bless her, pushes her husband’s wheelchair into this tunnel, probably thinking, “Well, if the hospital lets people use wheelchairs down here, it must be safe, right?” Spoiler: it was not. As they started down the incline, gravity took over. The wheelchair picked up speed. Modina tried to slow it. She gripped the handles. She fought the physics of it all. But then—slip—her hands flew off, and she went down hard while her husband, still in the runaway wheelchair, continued his solo descent like some rogue patient on a medical thrill ride. The filing doesn’t say whether he crashed, but honestly, at that point, you’d be forgiven for expecting a “Mission Accomplished” banner at the end of the tunnel.

Modina, meanwhile, was left with more than just embarrassment. She claims she suffered “serious personal injuries” — a phrase that sounds vague until you read the laundry list: past and future pain, permanent injury, disfigurement, mental anguish, medical bills, lost wages, and a diminished quality of life. In other words, this wasn’t just a bruised ego or a skinned knee. This was life-altering. And according to her lawyers, it didn’t have to happen. Not if the people in charge had done their damn jobs.

Which brings us to why we’re here: the lawsuit. Modina isn’t just mad. She’s legally mad. And she’s pointing fingers at two different entities, each with their own flavor of alleged screw-up. First up: VTR Hillcrest MC Tulsa, LLC, the owner of the premises. Her claim? Premises liability. Fancy term, simple idea: if you own a place, you’ve gotta keep it safe for visitors. And this tunnel? Allegedly not safe. Not only was it too steep, but it didn’t meet building codes. That’s the legal equivalent of serving expired milk at a daycare. And worse—Hillcrest knew people used wheelchairs. They knew patients and caregivers would be navigating this tunnel. Yet no warning signs. No handrails. No “Caution: Gravity Zone” decals. Just carpet, decline, and disaster waiting to happen. The lawsuit argues they had a duty to warn or fix it—and they did neither.

Then there’s the second defendant: AHS Hillcrest Healthcare System, LLC, the actual healthcare provider. Their sin? Negligence. Specifically, giving out wheelchairs like party favors without considering that someone might actually use them on a slope that defies basic physics. The argument here is simple: if you hand someone a wheelchair and send them toward a steep underground tunnel, you should maybe consider that it could go badly. Especially for an older couple. It’s not like Modina signed a waiver that said, “I understand that using hospital equipment may result in unintended rollercoaster experiences.” The healthcare system, the filing claims, failed to exercise “ordinary care”—which, in regular human terms, means they should’ve known better. They could’ve provided staff assistance. They could’ve rerouted patients. They could’ve, you know, not built a wheelchair death slide.

Now, what does Modina want? A cool $75,000—plus interest, attorney fees, and whatever else the court feels like tossing in. Is that a lot? Well, for a fall in a hospital tunnel? Depends. If we’re talking about a sprained wrist and a bad story, maybe overkill. But if we’re talking permanent injury, ongoing pain, medical bills, and the emotional trauma of watching your husband roll away from you like a rogue grocery cart—suddenly, $75k starts to look less like greed and more like survival. Especially when you’re on a fixed income, living on Social Security, and now facing a future where walking down a hallway feels like Russian roulette.

And here’s the kicker: Modina’s lawyers say she had zero fault in this. No contributory negligence. No “she should’ve known better.” Just a woman doing her best in a system that failed her. That’s a bold claim—courts usually find someone a little responsible—but it underscores how egregious they think this was. This wasn’t a “slip and fall” because the floor was wet. This was a preventable, foreseeable disaster in a place that’s supposed to heal people, not launch them down ramps like pinballs.

So what’s our take? Look, hospitals are stressful. Appointments are confusing. Buildings are spread out. We get it. But an underground tunnel that’s so steep it sends a senior citizen flying off a wheelchair? That’s not just bad design. That’s a slap in the face to basic safety. The most absurd part? That this tunnel exists at all—and that no one thought, “Hey, maybe we should test this with a wheelchair before letting patients use it?” It’s like they designed it for bobsledding, not blood work.

And honestly? We’re rooting for Modina. Not because we love lawsuits, but because accountability matters. If a hospital system is going to make patients and caregivers navigate a literal slope of doom, they better have a plan. And if they don’t? Then yeah, someone should pay. Not just in dollars, but in redesigned tunnels, better signage, and maybe—just maybe—a little humility.

Because at the end of the day, healthcare should heal. Not turn a routine appointment into a horror story with carpet burns.

Case Overview

$75,000 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$75,000 Monetary
Plaintiffs
Claims
# Cause of Action Description
1 premises liability Plaintiff fell in underground tunnel while pushing her husband's wheelchair
2 negligence Defendant healthcare system provided wheelchair that led to Plaintiff's fall

Petition Text

662 words
IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA Modina Waters, Plaintiff, vs. VTR Hillcrest MC Tulsa, LLC; AHS Hillcrest Healthcare System, LLC; Defendants. PETITION Plaintiff Modina Waters brings her premises liability and negligence causes of action against Defendants and alleges and states as follows: JURISDICTION AND VENUE 1. The amount in controversy exceeds $75,000.00 exclusive of interest and costs, thus giving this Court jurisdiction. 2. Venue in this Court is appropriate because the occurrence which is the subject of this Petition occurred in Tulsa County. FACTS APPLICABLE TO BOTH CAUSES OF ACTION 3. On September 15, 2023, Ms. Waters, then 78 years old, attended her husband’s urology appointment at the offices of Dr. Dae Yun Kim located at the Hillcrest Physicians Building, 1145 S. Utica Ave, Tulsa, Oklahoma 74104. 4. Upon arrival, Mr. Waters was provided a wheelchair as he has some difficulty walking. Ms. Waters would then push her husband’s wheelchair to the urology appointment. 5. During the appointment, her husband was asked to report to the laboratory to provide blood to be tested. The laboratory is located in a different building than Dr. Kim's office, so Ms. Waters was required to push Mr. Waters there. 6. The journey between the two buildings required use of an underground carpeted tunnel that contained a steep decline. ![Underground carpeted tunnel](http://example.com/tunnel.jpg) 7. As Ms. Waters and her husband attempted to traverse the decline, they began to gain speed. Ms. Waters attempted to slow her husband and herself, but was unable to. Her hands slipped from the wheelchair handles and she fell while watching her husband continue to roll down the decline. 8. Ms. Waters sustained serious personal injuries resulting in the following elements of damages: both past and future pain, suffering, permanent injury, permanent disfigurement, mental anguish, medical expense, lost wages, loss of enjoyment and quality of life. 9. The injuries and damages suffered by Ms. Waters were directly and proximately caused by the Defendants with no contributory negligence or comparative fault on the part of Ms. Waters. PREMISES LIABILITY – VTR HILLCREST MC TULSA LLC 10. At all times material hereto, the owner of the premises in which Plaintiff fell was Defendant VTR Hillcrest MC Tulsa, LLC. 11. The underground tunnel with the steep decline did not meet the relevant building codes. 12. Defendant VTR Hillcrest MC Tulsa, LLC was aware that people would be given wheelchairs and would be utilizing those wheelchairs in the underground tunnel. 13. Defendant VTR Hillcrest MC Tulsa, LLC owed Ms. Waters a duty to exercise reasonable care to keep the premises in a reasonably safe condition and to warn her of known conditions which are in the nature of hidden dangers. Defendant VTR Hillcrest MC Tulsa, LLC s and their servants failed to meet this duty when they failed to properly maintain the premises so that those in wheelchairs could safely traverse the underground tunnel or warn Ms. Waters of the hidden dangers associated with such a steep decline in the hall that was outside of the relevant building code regulations. NEGLIGENCE – AHS HILLCREST HEALTHCARE SYSTEM, LLC 14. By providing the wheelchair upon arrival for the appointment, it was foreseeable by Defendant AHS Hillcrest Healthcare System, LLC that the wheelchair would be used to traverse the underground tunnel with steep decline. It was further foreseeable that an older couple using the wheelchair to traverse the underground tunnel would have trouble handling such a steep decline. 15. Defendant AHS Hillcrest Healthcare System, LLC failed to exercise ordinary are in allowing their wheelchairs to be used by patients, on their own, to traverse the steep decline in the underground tunnel. WHEREFORE, Plaintiff, Modina Waters, demands judgment against the Defendants in an amount in excess of $75,000.00 for his damages, together with interest, attorney fees, costs and any further relief the court deems equitable, just and available to her by law. Respectfully submitted, Michael P. Hill, OBA # 20728 Hayley L. Arthur, OBA #34299 308 NW 13th St, Suite 100 Oklahoma City, OK 73103 Phone: 405.232.4878 [email protected] [email protected] Attorneys for Plaintiff ATTORNEYS LIEN CLAIMED PRE-JUDGEMENT INTEREST CLAIMED
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