Date: 09-09-2015

Case Style: Bobby Delk v. David Stanley Dodge, LLC

Case Number: CJ-2013-7050

Judge: Bryan C. Dixon

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: James Howell and David Howell

Defendant's Attorney: James Gibbs

Description: Oklahoma City, OK - Bobby Delk sued David Stanley Dodge, LLC on a negligence theory claiming:

1. PLAINTIFF, Bobby Delk, STATES: That on or about the 13th day of September, 2012, P aintiff was having his pickup serviced at the David Stanley Dodge LLC operating as an auto dealers p in Midwest City, Oklahoma. While his vehicle was being serviced, Plaintiff was looking at a Do ge 300 that was parked on the west end of the showroom floor. Plaintiff took hold of the inside or handle and his finger was punctured by a needle at which time Plaintifl’jerked his hand back fr m the door of the auto and saw blood dripping from the end of his finger that had felt the punctur . Plaintiff went to Midwest City Regional Hospital emergency room. Piaintiff has been treated or the injuries he suffered including treatment from an infectious disease medical provider. The tre tment for potential infectious disease exposure continued for 6 months.

2. David Stanley Dodge LLC, doing business as David Stanley Chrysler Jeep Dodge in Mid est City Oklahoma, is a limited liability company authorized to and doing business in the State o Oklahoma with its principal place of business in Oklahoma County where this cause of action ose. Plaintiff is a citizen of Oklahoma and a resident of Oklahoma County, State of Okiahomb.

3. As a direct result of Defendant’s negligence, Plaintiff, Bobby Delk, as foreseeably id suffered damages as follows:

a) physical injury and permanent physical impairment,
b) past and future medical bills;
c) past and future pain, suffering and severe permanent disability;
d) past and future mental anguish.

4. Defendant owed a duty to Plaintiff as an invitee at the time of the injury, and as such, It owes a duty to exercise reasonable care and to disclose to him the existence of dangerous id this duty extends to conditions which are by their nature, hidden. Defendant breached its duty owed Plaintiff in failing to exercise reasonable care to keep the premises in a reasonably safe condition.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: