Date: 08-20-2012

Case Style: Toquyen T. Harrell v. Dillard's, Inc.

Case Number: 4:11-cv-00800-JHP -FHM

Judge: James H Payne

Court: United States District Court for the Northern District of Oklahoma (Tulsa County)

Plaintiff's Attorney: James Edward Frasier, Steven R. Hickamn, Frank W. Frasier, III and George M. Miles, Frasier, Frasier & Hickman, Tulsa, Oklahoma

Defendant's Attorney: Thomas Rowe Kendrick and Timothy Lee Martin, Durbin Larimore & Bialick, Oklahoma City, Oklahoma

Description: Toquyen T. Harrell sued Dillard's, Inc. on a premises liability theory claiming that he was injured as a direct result of a dangerous condition that existed at Defendant's store at Woodland Hills Mall on August 22, 2009. He claimed that the fall was a result of an agent or employee of Dillard's placing a merchandising device in a pathway at the store which created an unreasonably dangerous situation. She claimed that as a direct result of the negligence of Dillard's, she sustained severe, painful and permanent injuries which have prevented her from transacting her business, forced her to expend large sums of money in order to effect a cure of her injuries. At the time of the injury, Plaintiff was 45 years old and had a normal life expectancy of 37.4 years.

The defenses asserted by Dillard's are not available.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: