Date: 08-21-2014

Case Style: Phyllis Kay Fischer v. St. John Medical Center, Inc.

Case Number: CJ-2012-3118

Judge: Mary Fitzgerald

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Charles Robert Fox

Defendant's Attorney: Stephen J. Rodolf and Brandon C. Whitworth

Description: Phyllis Kay Fischer v. St. John Medical Center, Inc.

1. At the time of the accident Plaintiff was a resident of Terlton, Oklahoma; Defendant, St. John Medical Center, Inc. is an Oklahoma Corporation having its principal place of business situated in Tulsa County, Oklahoma; this cause of action arose in Tulsa County, Oklahoma and the amount in controversy exceeds $10,000.00 exclusive of interest, costs and attorneys’ fees.
2. On or about June 19, 2010, Plaintiff’s husband was terminally ill and being hospitalized in St. John Medical Center, Inc. The Plaintiff was constantly visiting and
caring for her husband, frequently staying in his room. Defendant’s employees knew of Plaintiffs situation and were aware of her staying in her dying husband’s room. On such date, Plaintiff had fallen asleep in his room and upon awakening stepped onto medical devices that had been carelessly and negligently left upon the floor creating a physical hazard to Plaintiff and others.
3. As a result of the Defendant’s negligence described in paragraph ‘2” above, the Plaintiff has sustained serious personal injuries, including the fracturing of her left elbow; was prevented from transacting her business; has lost income from employment; has and will suffer pain of mind and body; has and will incur medical expenses; has been
temporarily and permanently disabled; and has been disfigured.
4. As a proximate result of the above matters, Plaintiff, Phyllis K. Fischer, has been damaged in an amount in excess of $10,000.00.
WHEREFORE, Plaintiff, PHYLLIS KAY FISCHER, demands judgment against the Defendant, St. John Medical Center, Inc. for damages in an amount in excess of $10,000.00, each, together with interest, costs and any further relief the court deems equitable, just and available to Plaintiff by law.

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

Plaintiff's Experts:

Defendant's Experts:

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