Date: 12-04-2014

Case Style: Rebecca Ellison v. Sirk, Inc. d/b/a Mr. C's #7

Case Number: CJ-2010-1542

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Sam Talley and Gene Bartman

Defendant's Attorney: Jeff Beeler, Derek Franseen, Kelly Hensley, Mike Walsh, Regena Walsh

Description: COMES NOW, the Plaintiff and for her cause of action alleges and states:
1. Plaintiff is a resident and citizen of Cleveland County, Oklahoma.
2. Defendant Corporation is an Oklahoma Corporation registered and in good-standing with the Oklahoma Secretary of State.
3. Defendant Corporation owns and operates convenience stores, one of which is located at 2319 East Lindsey Street in Norman, Oklahoma.
4. On July 22, 2009, Plaintiff was an invitee on Defendant’s property at 2319 East Lindsey Street. Plaintiff was walking up to the front door of the business in a normal and safe fashion when she stepped on a large black rubber mat owned and maintained by Defendant. Plaintiff believed the rug was safe and to be used in a normal fashion when she approached it. Plaintiff was not given any warning on stepping carefully on the mat.
5. Plaintiffs shoe was caught abnormally to her, with and on the mat causing her to fall through the glass door to the business, shattering the glass and causing severe injuries to Plaintiff.
6. It was the duty of said defendant to keep and maintain their mat and their premises in a safe and proper condition for public use, and to not put outside a dangerous object to their invitees.
7. Defendant’s negligence actually and proximately caused Plaintiff’s injuries. Plaintiff’s injuries were sustained without fault of Plaintiff.
8. That said injuries thus inflicted, caused Plaintiff great bodily pain and suffering, as well as mental anguish, psychological suffering, anxiety, depression lost wages and eventually job loss in excess of $10,000.00.
9. That because of said injuries, Plaintiff has been compelled to undergo expenses for medical attendance, medicines and therapy in an amount in excess of $10,000.00 and anticipates future treatment along with long-term disability and disfigurement.
10. That the Defendant’s actions were with reckless disregard for Plaintiff and as a result of its conduct to Plaintiff, Defendant should be made to pay punitive damages in excess of $10,000.00.
WHEREFORE, the Plaintiff, Rebecca Ellison, respectfully requests judgment against the Defendant in an amount in excess of $10,000.00 for their negligence and reckless actions, and an amount in excess of $10,000.00 for punitive damages for their reckless actions, together with attorneys fees, costs, pre and post-judgment interest and such further relief as this Court deems just and equitable.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: