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Date: 06-09-2015
Case Style: Lisa Miller v. Travelodge and Rashimi, LLC
Case Number: CJ-2013-1128
Judge: Tom A. Lucas
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: David Bernstein
Defendant's Attorney: Wesley Smith
Description: Norman, OK - Lisa Miller sued Travelodge and Rashimi, LLC on a premises liability theory claiming:
1. On July 22. 2013, Plaintiff was staying at the Travelodge in Norman, Cleveland County, Oklahoma, and decided to go swimming in the Travelodge swimming pool.
2. The Defendant’s web site states Relax and cool off with a swim in our outdoor pool...”
3. Defendant has the duty to make sure its swimming pool is safe for patrons to walk and swim in, which includes making sure tiles in the swimming pool are not broken.
4. As Plaintiff stepped down into the Travelodge swimming pool, her ankle tendon was sliced open by a broken tile which was not open and obvious from the angle Plaintiff entered the pool, which required Plaintiff to undergo surgery.
5. Said incident was caused by Defendant’s failure to keep the swimming pool tiles in a safe condition and failure to warn that tile(s) were broken and dangerous, causing Plaintiff to suffer damages in excess of $10,000.00.
6. Plaintiff further asserts Res Ipsa Loquitur, causing Plaintiff to suffer damages as set forth above.
7. Furthermore, in the event Defendant has a medical payments policy, Plaintiff is due said payments for medical bills incurred as a result of the aforementioned incident.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: