Date: 12-02-2012

Case Style: Tatanisha Booze v. Wal-Mark Stores East, L.P.

Case Number: CJ-2014-2680

Judge: Bernard M. Jones

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Jacqueline Piland (Withdrew)

Defendant's Attorney: Mike Brewer

Description: COMES NOW the Plaintiff Ta’Tanishia Booze, by and through her attorney, Jacqueline Piland of the Piland Law Group, and for their cause of action against the Defendants, Wal-Mart Stores East, LP., a Delaware Corporation, a foreign corporation doing business in the State of Oklahoma; Wal-Mart Stores, Inc., a Delaware Corporation, a foreign corporation doing business in the State of Oklahoma, and Wal-Mart Stores East, Inc., a Delaware Corporation, a foreign corporation doing business in the State of Oklahoma, conducting business in Oklahoma County, State of Oklahoma, alleges and states the following;
1. Plaintiff, Ta’Tanishia Booze is and was, at all times relevant to this lawsuit, a resident of Oklahoma County, State of Oklahoma.
2. Wal-Mart Stores East, LP. is a foreign, for profit corporation operating and conducting business within Oklahoma County, State of Oklahoma and may be sewed in such county.
3. Wal-Mart Stores, Inc. is a foreign, for profit corporation operating and conducting business within the State of Oklahoma and may be served within the state of Oklahoma through their registered service agent on file with the Oklahoma Secretary of State.
4. Wal-Mart Stores East, Inc. is a foreign, for profit corporation operating and conducting business within the State of Oklahoma and may be served within the State of Oklahoma through theft registered service agent on file with the Oklahoma Secretary of State.
5. The incidents giving fls to Plaintiff’s injuries occurred in Oklahoma County, State of Oklahoma Plaintiff resides in such county and Defendants are entities operating in such county such that Venue is proper before this court and the court has jurisdiction over the parties and Plaintiffs’ claims.
6. That all at time relevant to this lawsuit, Defendant, Wal-Mart Stores East, LP., Wal-Mart Stores, Inc. and/or Wal-Mart Stores East, Inc., was operating and in control of the business entity known as Wal-Mart Neighborhood Market, Store # 2876 located at 1301 B. 2 St. in Edniond, Oklahoma, Oklahoma County, State of Oklahoma.
7. That to the best of Plaintiffs knowJedge and belief, at all times relevant to this lawsuit, Defendant Wal-Mart Stores East, LP., Wal-Mart Stores, Inc. and/or Wal-Mart Stores East, Inc. owned and operated the AutoZone store located Wal-Mart Neighborhood Market, Store # 2876 located at 1301 B. 2m1 St. in Edmond, Oklahoma, Oklahoma County, State of Oklahoma
8. On or about May 16, 2012, Plaintifi Ta’Tanishia Booze, was a customer and business invitee of the Wal-Mart Neighborhood Market, Store 2876 operating therein.
9. As Plaintiff was shopping in the store on or about May 16, 2012, she cut her finger on a candle, causing significant bodily injury.
10. Defendants had a duty to Plaintiff as a business invitee, to maintain the merchandise and the premises in a reasonably safe condition.
11. Defendants breached this duty to the Plaintiff by failing to maintain the premises in a reasonably safe condition, to wit: failing to appropriately maintain the merchandise in the aisle.
12. Defendants’ failure to maintain the premises in a reasonabiy safe manner posed a significant risk to the Plaintiff and other patrons and resulted in significant bodily injury to the Plaintiff.
13, At all times material hefeto, the Defendants had the responsibility to provide a reasonably safe environment for its customers. These Defendants, however, failed or neglected to provide such an environment in accordance with standard business and pablic safety practices.
14. As a result of Defendants’ negligence the Plaintiff has suffered damages which include medical bills, past and future, lost income, emotional pain and suffering and other damages to be determined.
15. Plaintiff adopts and re-pleads the foregoing allegations and further alleges that Defendants’ conduct was grossly negligent and/or willful and wanton, and/or demonstrated a reckless disregard for the rights of others, including the Plaintiff, and that such conduct warrants the imposition of punitive or exemplary damages to the extent allowed by Oklahoma law.
WHEREFORE, Plaintiff prays for judgment against the Defendants for compensatoty and punitive damages in an amount in excess of the amount required for diversity jurisdiction, as set forth in Section 1332 of Title 28 of the United States Code, plus costs, interest, attorneys’ fees, and any other relief the Court deems equitable and just.

Outcome: Dismissed without prejudice.

Plaintiff's Experts:

Defendant's Experts:

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