Date: 07-27-2015

Case Style: John Nicely v. McDonalds Restaurants of Oklahoma, Inc.

Case Number: CJ-2011-1770

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Brent Berry, Tye Smith and Stephen Dotter

Defendant's Attorney: Mark Magurie

Description: Norman, OK - John Nicely sued McDonalds Restaurants of Oklahoma, Inc. on a negligence theory (premises liability) claiming:

1. On or about the 27th day of January, 2011, in the City of Nonrian, Cleveland County, Oklahoma, Plaintiff John Nicely was an invitee on premises owned and/or managed by Defendant McDonalds Restaurants of Oklahoma, Inc.
2. Plaintiff John Nicely sustained serious, permanent, and disfiguring injuries when he fell on premises owned and/or managed by Defendant McDonalds Restaurants of Oklahoma, Inc.
3. The Defendant was negligent in its failure to warn Plaintiff John Nicely of the hidden danger on their premises, thereby rendering the Defendant liable for the Plaintiff John Nicely’s injuries and resulting damages.
4. The Defendant knew or should have known the Plaintiff John Nicely would sustain injury due to its failure to warn of or remove the hidden danger.
5. Defendant failed in its duty to exercise reasonable care to keep the premises in a reasonably safe condition,
6. As a result of the dangerous condition of the Defendant’s property, Plaintiff John Nicely suffered damages as follows:
a. Personal injuries;
b. Permanent injuries;
c. Past and future mental pain and suffering;
d. Past and future physical pain and suffering;
e. Past and future medical expenses;
f. Other economic losses associated with his personal injuries;
g. Disfigurement;
h. Other damages to be set forth in discovery.
All of which are in excess of Seventy Five Thousand Dollars (75,000).
SECOND CAUSE OF ACTION
COMES NOW the Plaintiff, Sandra Nicely, and for her cause of action against Defendant McDonalds Restaurants of Oklahoma, Inc., alleges and states:
7. Due to the dangerous condition of the Defendant’s property, and the subsequent serious, permanent, and disfiguring injuries to her husband, John Nicely, Sandra Nicely suffered damages as follows:
a. Loss of consortium

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: