Date: 02-16-2016

Case Style: Chad Felts v. Quiktrip Corporation

Case Number: CJ-2011-452

Judge: Sheila A. Condren

Court: District Court, Rogers County, Oklahoma

Plaintiff's Attorney: Mark Stanley and Kenneth Morgan

Defendant's Attorney: Scott Wood

Description: Claremore, OK - Plaintiff Awarded $3.5 Million Against Quicktrip

Chad Felts sued Quiktrip Corporation on a premises liability theory claiming:

1. That at all times hereinafter mentioned, the Plaintiff was and is a resident of Mayes
County state of Oklahoma.
2. QuikTrip Corporation, is a corporation doing business in Rogers County; State of Oklahoma.
3. That this action arose out of negligence which occurred at the Defendants premises, in Oklahoma County, State of Oklahoma and this Court has jurisdiction of the parties hereto and the subject matter hereof.
4. That on or about the 6th day of August, 2009 the Defendant negligently operated its premises allowing a dangerous condition which was hidden to the public to exist on their premises.
5. That on or about the 6th day of August, 2009, the Defendant negligently maintained its
premises allowing a dangerous condition which was hidden to the public to exist on their
premises.
6. That as a direct and proximate result of the negligence of the Defendant, Plaintiff was injured and carrying medical bills in excess of $10,000 together with lost income and physical and emotional pain and suffering.

WHEREFORE, with premises considered, Plaintiff pray that he have and recover a judgment against the Defendant in an amount exceeding the amount required for diversity jurisdiction pursuant to 28 U.S.C. §-lr332 together with punitive damages interest and costs.

Defendant denied fault and asserted that the Plaintiff caused or contributed to the accident and his injuries. Quicktrip also claimed that the condition was open and obvious.

Plaintiff has chronic back problems and weighed 350 pounds.

Quiktrip offered $5,000 before trial and Plaintiff countered at $200,000.00.

Outcome: Now on this 26th day of January, 2016, the above-entitled cause came on for trial. The Plaintiff, Chad Felts, appeared in person and with his attorney, Mark Stanley, and Defendant, QuikTrip Corporation, appeared with its corporate representative, and represented by attorney Scott B. Wood. Both parties announced ready for trial and a jury was selected. The Plaintiff presented is case in chief and rested on Jnuary 12, ;2016. On January 12, 2016, Defendant presented its case, and then rested. Plaintiff moved for a directed verdict which was denied. The jury was then instructed and heard closing arguments of counsel and then retired to deliberate. The jury returned with a verdict in favor of Plaintiff and against the Defendant, and assessed damages in the amount of 3.5 million dollars.

THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED that the
Plaintiff has obtained judgment over and against the Defendant in the amount of three- million, five-hundred thousand dollai·s, together with pre-judgment interest in the amount of $93,272.60. Parties reserve the right to file a motion for costs at a later date.

Plaintiff's Experts: Dr. Frank Tomecek and Dr. David Traub

Defendant's Experts:

Comments: See: QuikTrip Corporation v. Ace Property and Casualty Insurance Company; Chad Felts v. Mark S. Stanley, D/B/A Stanley Myers, P.L.L.C., et al.; Mark S. Stanley, d/b/a Stanley & Myers, P.L.L.C., Thomas A. Mortensen d/ba Mortenson & Associates, L.L.C. v. Chad Felts