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Date: 07-17-2014
Case Style: Brad Smith v. Loves Travel Stops & Country Stores, Inc.
Case Number: CJ-2012-1711
Judge: Tom A. Lucas
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: Luke Abel
Defendant's Attorney: Thomas R. Kendrick
Description:
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Brad Smith v. Loves Travel Stops & Country Stores, Inc.
1. On January 3, 2011, Plaintiff Brad Smith (“Plaintiff”) was an invitee at Defendant’s premises, Love’s Travel Stops #260, located at 1-35 & Hwy 9 West, 1-35 Exit 106, Norman, Oklahoma.
2. While walking on Defendant’s premises, Plaintiff slipped and fell which caused injuries to Plaintiff. At all times mentioned herein, Defendant was acting by and through their agents, servants and employees known to Defendant and unknown to Plaintiff.
3. Plaintiff’s injuries resulted from Defendant’s negligence as follows:
a. Defendant created a slippery area known to Defendant and unknown to Plaintiff at a time when Defendant knew or should have known that said slippery area was likely to cause invitees to slip and fall, including Plaintiff.
b. Defendant maintained the aforesaid area in a slippery and dangerous condition at a time when Defendant knew or should
have known that such condition was likely to cause persons, including Plaintiff, to slip and fall and sustain injuries.
c. Defendant failed to warn Plaintiff of the aforesaid slippery condition at a time when Defendant knew or should have known that without such warning persons, including Plaintiff, were likely to slip and fall and sustain injuries.
d. Defendant failed to remove or correct said slippery condition at a time when Defendant knew or should have known that without such action on its part persons, including Plaintiff, were likely to slip and fall and sustain injuries.
4. As a direct result of Defendant’s negligence, Plaintiff suffered personal injuries which are painful, progressive and permanent. At the time of the injury, Plaintiff was 36 years of age with a life expectancy of 42.0 years. As a further result of Defendant’s negligence, Plaintiff has and will incur medical expenses, has and will lose wages, suffered pain of mind and body, will be permanently disabled and his earning capacity has been reduced, damaging her in an amount in excess of $75,000.00.
WHEREFORE, Plaintiff prays for judgment against Defendant in an amount in excess of $75,000.00, together with interests and costs of this action.
Outcome: Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: