Date: 09-02-2014

Case Style: Janice Kelse v. Tina Luper and Hancock Fabrics, Inc.

Case Number: CJ-2013-3457

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Nancy Lloyd

Defendant's Attorney: Jim Secrest and Eric Clark

Description: COMES NOW the Plaintiff, JANICE KELSE and for her causes of action against defendants, alleges and states, as follows:
1. Plaintiff is a resident of Oklahoma.
2. Plaintiff’s injury occurred in Tulsa County, State of Oklahoma.
3. Defendant Hancock Fabrics, Inc. is a foreign corporation domiciled in Delaware.
4. Defendant Tina Luper is the store manager at the Hancock Fabrics store in Tulsa, Oklahoma.
5. On or about August 25, 2011, Plaintiff was shopping at the Hancock Fabrics store.
6. Plaintiff was on the premises of the Hancock Fabrics store at the express or
invitation of the Defendants.
7. While shopping at the Hancock Fabrics store, Plaintiff tripped on damaged floor tiles that were hidden from Plaintiff’s sight due to lighting and blending into the background.
8. Defendants failed to warn Plaintiff of the danger associated with the damaged floor tiles
9. Defendants have a duty to either remove and/or warn invitees of dangers.
10. Defendants have a duty to either remove andJor repair tiles that cause hidden dangers.
11. Defendants have a duty to maintain the Hancock Fabrics store in a safe condition for customers like Plaintiff who are invitees.
12. That in the exercise of reasonable care the Defendants knew or should have known of the dangers on the premises.
13. That the dangers complained of were created by the Defendants or by Defendants’ employees who were acting within the course and scope of its employment at all times complained of.
14, Defendants’ failure to maintain its premises in a safe condition proximately caused Plaintiffs injuries and damages.
15. Plaintiff sustained serious injuries, and possibly aggravated preexisting conditions as a result of the fall.
16. Plaintiffs injuries caused her pain of body and mind, interrupted her business and caused her to incur expenses for medical attention and suffer permanent injury.
17. Plaintiffs injury forced her to incur medical expense and caused her to disrupt her life.
18. As a result of the Defendants’ joint and several negligence, Plaintiff incurred medical expenses for medical treatment, sustained a permanent disability and lost wages.
19. Plaintiff sustained damages for which she is entitled to recover.
WHEREFORE, premises considered, the Plaintiff demands judgment against the Defendants for general, special and compensatory damages for personal injuries, all in a sum in excess of $10,000, each, for personal injury damages, plus such costs, prejudgment interest, and other relief this Court deems equitable and just.

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

Plaintiff's Experts:

Defendant's Experts:

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