Date: 03-22-2018

Case Style:

Case Number: CJ-2016-1765

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Robert Rode

Defendant's Attorney: Jason Goodnight and Emily Pearson

Description: Tulsa, OK Shawna Rae Romero sued Petco Animal Supplies Stores, Inc., Petco Animal Supplies, Inc., Jeanette Louise Raeburn, Monica Churchill, a/k/a Monica Laws, and Art Niebieszczanski on premises liability theories.

Issue # 1. Issue: PREMISES LIABILITY (PREMISE)
Filed By: ROMERO, SHAWNA RAE
Filed Date: 05/09/2016
Party Name Disposition Information
Defendant: CHURCHILL, MONICA Disposed: DISMISSED - SETTLED, 03/22/2018. Dismissed- Settled
Defendant: NIEBIESZCZANSKI, ART Disposed: DISMISSED - SETTLED, 03/22/2018. Dismissed- Settled
Defendant: PETCO ANIMAL SUPPLIES INC Disposed: DISMISSED - SETTLED, 03/22/2018. Dismissed- Settled
Defendant: PETCO ANIMAL SUPPLIES STORES INC Disposed: DISMISSED - SETTLED, 03/22/2018. Dismissed- Settled
Defendant: RAEBURN, JEANETTE LOUISE Disposed: DISMISSED - SETTLED, 03/22/2018. Dismissed- Settled
Docket
Date Code Description Count Party Amount
05-09-2016 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
05-09-2016 PREMISE

PREMISES LIABILITY

05-09-2016 DMFE

DISPUTE MEDIATION FEE
$ 2.00
05-09-2016 PFE1

PETITION

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$ 163.00
05-09-2016 PFE7

LAW LIBRARY FEE
$ 6.00
05-09-2016 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
$ 25.00
05-09-2016 OCJC

OKLAHOMA COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND
$ 1.55
05-09-2016 OCASA

OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES
$ 5.00
05-09-2016 SSFCHSCPC

SHERIFF'S SERVICE FEE FOR COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER

05-09-2016 CCADMINCSF

COURT CLERK ADMINISTRATIVE FEE ON COURTHOUSE SECURITY PER BOARD OF COUNTY COMMISSIONER

05-09-2016 CCADMIN0155

COURT CLERK ADMINISTRATIVE FEE ON $1.55 COLLECTION
$ 0.16
05-09-2016 SJFIS

STATE JUDICIAL REVOLVING FUND - INTERPRETER AND TRANSLATOR SERVICES
$ 0.45
05-09-2016 CCADMIN04

COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS
$ 0.50
05-09-2016 LTF

LENGTHY TRIAL FUND
$ 10.00
05-09-2016 SMF

SUMMONS FEE (CLERKS FEE)-4
$ 20.00
05-09-2016 SMIMA

SUMMONS ISSUED - MAILED BY ATTORNEY-4

05-09-2016 TEXT

OCIS HAS AUTOMATICALLY ASSIGNED JUDGE MORRISSEY, LINDA G. TO THIS CASE.

05-09-2016 ACCOUNT

RECEIPT # 2016-3329132 ON 05/09/2016.
PAYOR:THE RODE LAW FIRM PLLC TOTAL AMOUNT PAID: $233.66.
LINE ITEMS:
CJ-2016-1765: $183.00 ON AC01 CLERK FEES.
CJ-2016-1765: $6.00 ON AC23 LAW LIBRARY FEE.
CJ-2016-1765: $0.66 ON AC31 COURT CLERK REVOLVING FUND.
CJ-2016-1765: $5.00 ON AC58 OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES.
CJ-2016-1765: $1.55 ON AC59 COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND.
CJ-2016-1765: $2.00 ON AC64 DISPUTE MEDIATION FEES.
CJ-2016-1765: $0.45 ON AC65 STATE JUDICIAL REVOLVING FUND, INTERPRETER SVCS.
CJ-2016-1765: $25.00 ON AC79 OCIS REVOLVING FUND.
CJ-2016-1765: $10.00 ON AC81 LENGTHY TRIAL FUND.

10-11-2016 S

PARTY HAS BEEN SUCCESSFULLY SERVED. / PETCO ANIMAL SUPPLIES STORES INC / SIGNED FOR BY G PARRISH - CORPORATION SERVICE COMPANY / 10-5-16 / BY CERTIFED MAIL

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PETCO ANIMAL SUPPLIES STORES INC
10-11-2016 S

PARTY HAS BEEN SUCCESSFULLY SERVED. / JEANETTE RAEBURN / SIGNED FOR BY JEANETTE RAEBURN / 10-5-16 / BY CERTIFIED MAIL

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RAEBURN, JEANETTE LOUISE
10-11-2016 S

PARTY HAS BEEN SUCCESSFULLY SERVED. / MONICA CHURCHILL AKA MONICA LAWS / SIGNED FOR BY MONICA CHURCHILL / 10-5-16 / BY CERTIFIED MAIL

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CHURCHILL, MONICA
10-21-2016 LT

LETTER FROM JEANETTE RAEBURN (GM OF PETCO)

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PETCO ANIMAL SUPPLIES INC
10-21-2016 S

PARTY HAS BEEN SUCCESSFULLY SERVED. ART NIEBIESZCZANSKI SERVED / CERT MAIL / SIG ILLEGIBLE / DEL ON 10-14-16 BY PS

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NIEBIESZCZANSKI, ART
10-24-2016 LT

LETTER FROM MONICA LAWS / ANSWER TO SUMMONS / PRO SE

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PETCO ANIMAL SUPPLIES INC
10-25-2016 MO

DEFENDANTS' MOTION TO DISMISS / A2J

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PETCO ANIMAL SUPPLIES INC
10-25-2016 EAA

ENTRY OF APPEARANCE / CERT OF MAILING

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PETCO ANIMAL SUPPLIES STORES INC
11-10-2016 RESP

PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS / A2J

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ROMERO, SHAWNA RAE
12-09-2016 CTFREE

MORRISSEY, LINDA G; PURSUANT TO 12 O.S. § 2012(B)(6), DEFENDANTS PETCO ANIMAL SUPPLIES STORES, INC., D/B/A PETCO ANIMAL SUPPLIES, INC. (“PETCO”), JEANETTE RAEBURN, MONICA CHURCHILL A/K/A MONICA LAWS, AND ART NIEBIESZCZANSKI (COLLECTIVELY, “DEFENDANTS”) SEEK DISMISSAL OF PLAINTIFF, SHAWNA RAE ROMERO'S (“PLAINTIFF') PETITION, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED.

UNDER OKLAHOMA LAW, WHETHER A PETITION STATES A CLAIM FOR RELIEF, AND THUS SURVIVES A MOTION TO DISMISS PURSUANT TO 12 O.S. § 2012(B)(6), IS EVALUATED IN LIGHT OF 12 O.S. § 2008(A)(1), WHICH REQUIRES ONLY “[A] SHORT AND PLAIN STATEMENT OF THE CLAIM SHOWING THAT THE PLEADER IS ENTITLED TO RELIEF. . . .” ID. "A MOTION TO DISMISS IS GENERALLY VIEWED WITH DISFAVOR." SIMONSON V. SCHAEFER, 2013 OK 25, ¶ 3, 301 P.3D 413. A PETITION MUST NOT BE DISMISSED FOR FAILURE TO STATE A CLAIM UNLESS THE ALLEGATIONS INDICATE BEYOND ANY DOUBT THAT PLAINTIFF CAN PROVE NO SET OF FACTS THAT WOULD ENTITLE IT TO RELIEF. ID. SEE ALSO FANNING V. BROWN, 2004 OK 7, ¶ 4, 85 P.3D 841, 844. IN A MOTION TO DISMISS, THE FACTS ARE VIEWED IN A LIGHT MOST FAVORABLE TO THE NON-MOVING PARTY. LOCKHART V. LOOSEN, 1997 OK 103, ¶ 4, 943 P.2D 1074, 1077. "WHEN REVIEWING A MOTION TO DISMISS, THE COURT MUST TAKE AS TRUE ALL OF THE CHALLENGED PLEADING'S ALLEGATIONS TOGETHER WITH ALL REASONABLE INFERENCES WHICH MAY BE DRAWN FROM THEM." TUFFY'S, INC. V. CITY OF OKLAHOMA CITY, 2009 OK 4, ¶ 6, 212 P.3D 1158, 1162.

THE THRESHOLD QUESTION FOR NEGLIGENCE SUITS IS WHETHER A DEFENDANT OWES A PLAINTIFF A DUTY OF CARE. . . . AMONG A NUMBER OF FACTORS USED TO DETERMINE THE EXISTENCE OF A DUTY OF CARE, THE MOST IMPORTANT CONSIDERATION IS FORESEEABILITY. GENERALLY A DEFENDANT OWES A DUTY OF CARE TO ALL PERSONS WHO ARE FORESEEABLY ENDANGERED BY HIS CONDUCT WITH RESPECT TO ALL RISKS WHICH MAKE THE CONDUCT UNREASONABLY DANGEROUS. FORESEEABILITY ESTABLISHES A ZONE OF RISK, WHICH IS TO SAY THAT IT FORMS A BASIS FOR ASSESSING WHETHER THE CONDUCT CREATES A GENERALIZED AND FORESEEABLE RISK OF HARMING OTHERS.

IGLEHART V. BD. OF CTY. COMM'RS OF ROGERS CTY., 60 P.3D 497, 502 (OKLA. 2002) (FOOTNOTES AND INTERNAL QUOTATION MARKS OMITTED).“BAILMENT IS A LEGAL STATUS CREATED BY THE TRANSFERENCE OF POSSESSION OF PERSONAL PROPERTY TO ANOTHER FOR THE ACCOMPLISHMENT OF SOME PARTICULAR PURPOSE AND ESTABLISHES A BAILOR-BAILEE OR TRUST RELATIONSHIP.” CHAMBERS V. MORGAN, 1983 OK CIV APP 59, ¶ 6, 671 P.2D 89, 90 (CITATION OMITTED). “A GRATUITOUS BAILMENT IS A BAILMENT FOR WHICH THE BAILEE RECEIVES NO COMPENSATION BEYOND THE MERE POSSESSION OF THE THING BAILED.” OUJI-CV 15.4.
IN THE CASE AT BAR, PLAINTIFF'S ALLEGATIONS THAT A DUTY MAY HAVE EXISTED BETWEEN HER AND THE DEFENDANTS ARE SUFFICIENT TO SURVIVE A MOTION TO DISMISS. PLAINTIFF HAS PLEAD SUFFICIENT FACTS - PLAINTIFF AGREED TO ASSIST WITH PETCO'S PET ADOPTION EVENT. AND, TO THAT END, DEFENDANTS PROVIDED PLAINTIFF WITH AN ILL-FITTING CAT MASCOT COSTUME TO WEAR IN AN EFFORT TO PROMOTE THE EVENT. PLAINTIFF RECEIVED ASSISTANCE NAVIGATING IN THE COSTUME FROM PETCO EMPLOYEES. WHILE WEARING THE COSTUME, PLAINTIFF FELL IN THE PETCO PARKING LOT AND SUSTAINED INJURIES - SUCH THAT, IF PROVEN TRUE MAY ENTITLE PLAINTIFF TO RECOVERY. ACCORDINGLY, DEFENDANTS' MOTION TO DISMISS IS DENIED.

THE CASE IS NOW SET FOR A SCHEDULING CONFERENCE ON 1-30-2017 AT 1:30 PM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND THE SCHEDULING CONFERENCE OR DISPOSITION MAY BE MADE IN THEIR ABSENCE;

ORDER ON THE DEFENDANTS' MOTION TO DISMISS AND NOTICE OF SCHEDULING CONFERENCE ENTERED; CLERK FILED THE ORIGINAL ORDER AND NOTICE AND MAILED COPIES TO ROBERT RODE, DAVE BEAN, JASON GOODNIGHT, EMILY PEARSON;

12-09-2016 O

ORDER ON THE DFENDANTS' MOTION TO DISMISS AND NOTICE OF SCHEDULING CONFERENCE / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING

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12-29-2016 A

DEFENDANTS ANSWER TO PLAINTIFF'S PETITION

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PETCO ANIMAL SUPPLIES INC
01-30-2017 CTFREE

MORRISSEY, LINDA G; THE CASE COMES ON FOR SCHEDULING CONFERENCE; AGREED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET FOR 7-13-2017 AT 1:30 PM; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND THE PRETRIAL CONFERENCE OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; THE PARTIES ARE ATTENDING PRIVATE MEDIATION PRIOR TO THE DATE OF THE PRETRIAL CONFERENCE; CONTINUANCES OF THE PRETRIAL CONFERENCE WILL ONLY BE GRANTED WITH A SHOWING OF GOOD CAUSE;

01-30-2017 SO

AGREED SCHEDULING ORDER

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02-06-2017 CTFREE

MORRISSEY, LINDA G; NOTICE OF PRETRIAL CONFERENCE ENTERED; 7-13-2017 AT 1:30 PM; CLERK FILED THE ORIGINAL NOTICE OF PRETRIAL CONFERENCE AND MAILED COPIES TO ROBERT RODE, DAVE BEAN, F JASON GOODNIGHT, AND EMILY PEARSON;

02-06-2017 NO

NOTICE OF PRETRIAL CONFERENCE / AFD OF MAILING

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03-02-2017 CTFREE

MORRISSEY, LINDA G; ORDER ALLOWING WITHDRAWAL ENTERED; BRYNNA SCHELBAR WITHDRAWS; (((((ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))

03-02-2017 MO

MOTION TO WITHDRAW AS COUNSEL OF RECORD / A2J

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03-03-2017 O

ORDER ALLOWING WITHDRAWAL

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04-04-2017 CTFREE

MORRISSEY, LINDA G; AGREED REVISED SCHEDULING ORDER ENTERED; THE PRETRIAL CONFERENCE ORIGINALLY SET FOR 7-13-2017 AT 1:30 PM HAS NOW BEEN RESET FOR 9-25-2017 AT 11:30 AM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND THE NEWLY RESCHEDULED PRETRIAL CONFERENCE OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; THE PARTIES PREVIOUSLY SELECTED TO ATTEND PRIVATE MEDIATION; ADDITIONAL CONTINUANCES OF THE PRETRIAL CONFERENCE WILL ONLY BE GRANTED WITH A SHOWING OF GOOD CAUSE; (((((AGREED REVISED SCHEDULING ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))

04-04-2017 CTFREE

MORRISSEY, LINDA G; AMENDED NOTICE OF PRETRIAL CONFERENCE ENTERED; 9-25-2017 AT 11:30 AM; CLERK FILED THE ORIGINAL AMENDED NOTICE OF PRETRIAL CONFERENCE AND MAILED COPIES TO JASON GOODNIGHT, BRYNNA SCHELBAR, ROBERT RODE, AND DAVID BEAN;

04-04-2017 SO

AGREED REVISED SCHEDULING ORDER

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04-04-2017 AM

AMENDED NOTICE OF PRETRIAL CONFERENCE / AFD OF MAILING

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08-02-2017 CTFREE

MORRISSEY, LINDA G; FIRST AGREED AMENDED SCHEDULING ORDER ENTERED; THE PRETRIAL CONFERENCE ORIGINALLY SET FOR 9-25-2017 AT 11:30 AM HAS NOW BEEN PASSED TO 1-11-2018 AT 1:30 PM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND THE PRETRIAL CONFERENCE OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; THE PARTIES PREVIOUSLY SELECTED TO ATTEND PRIVATE MEDIATION PRIOR TO THE DATE OF THE PRETRIAL CONFERENCE; CONTINUANCES OF THE PRETRIAL CONFERENCE WILL ONLY BE GRANTED WITH A SHOWING OF GOOD CAUSE; (((((FIRST AGREED AMENDED SCHEDULING ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))

08-02-2017 CTFREE

MORRISSEY, LINDA G; AMENDED NOTICE OF PRETRIAL CONFERENCE ENTERED; 1-11-2018 AT 1:30 PM; CLERK FILED THE ORIGINAL AMENDED NOTICE OF PRETRIAL CONFERENCE AND MAILED COPIES TO ROBERT L. RODE, DAVID C. BEAN, JASON GOODNIGHT, AND BRYNNA SCHELBAR;

08-02-2017 AM

AMENDED NOTICE OF PRETRIAL CONFERENCE / AFD OF MAILING

Document Unavailable (#1037773896)

08-07-2017 SCHO

FIRST AGREED AMENDED SCHEDULING ORDER / 8-2-17

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01-04-2018 CTFREE

MORRISSEY, LINDA G; NOTICE OF PRETRIAL CONFERENCE ENTERED; THE PRETRIAL CONFERENCE ORIGINALLY SET FOR 1-11-2018 AT 1:30 PM HAS NOW BEEN RESET FOR 2-22-2018 AT 11:00 AM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND THE PRETRIAL CONFERENCE OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; THE PRETRIAL CONFERENCE HAS BEEN RESET TO ALLOW THE PARTIES TO ATTEND PRIVATE MEDIATION ON 2-20-2018; CLERK FILED THE ORIGINAL NOTICE OF PRETRIAL CONFERENCE AND MAILED COPIES TO ROBERT RODE, DAVID BEAN, EMILY PEARSON, AND F. JASON GOODNIGHT;

01-04-2018 NO

NOTICEOF PRETRIAL CONFERENCE / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING

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02-13-2018 MO

JOINT MOTION TO RESET PRETRIAL CONFERENCE / A TO J / CERTIFICATE OF MAILING

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02-15-2018 CTFREE

MORRISSEY, LINDA G; ORDER RESETTING PRETRIAL CONFERENCE ENTERED; THE PRETRIAL CONFERENCE ORIGINALLY SET FOR 2-22-2018 AT 11:00 AM HAS NOW BEEN RESET FOR 3-28-2018 AT 3:30 PM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND THE PRETRIAL CONFERENCE OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; THE PRETRIAL CONFERENCE HAS BEEN RESET TO ALLOW THE PARTIES TO ATTEND MEDIATION THAT WAS RESCHEDULED FROM 2-20-2018 TO 3-14-2018; ((((((ORDER RESETTING PRETRIAL CONFERENCE PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING))))))

02-15-2018 O

ORDER RESETTING PRETRIAL CONFERENCE / CONTINUED TO 3-28-18 @ 3:30 PM

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02-21-2018 CTFREE

MORRISSEY, LINDA G; NOTICE OF PRETRIAL CONFERENCE ENTERED; 3-28-2018 AT 3:30 PM; CLERK FILED THE ORIGINAL NOTICE OF PRETRIAL CONFERENCE AND MAILED COPIES TO ROBERT RODE, DAVID BEAN, EMILY PEARSON, JASON GOODNIGHT;

02-21-2018 NO

NOTICE OF PRETRIAL CONFERENCE / SEE ABOVE ENTRY / AFFIDAVIT OF MAILING

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Outcome: CLERK'S NOTE; AS PER BAILIFF'S PHONE CONVERSATION WITH DARRIN IN ROBERT RODE'S OFFICE, ATTORNEY FOR PLAINTIFF, THE CASE HAS SETTLED; THE PRETRIAL CONFERENCE SET FOR 3-28-2018 AT 3:30 PM IS STRICKEN;

Plaintiff's Experts:

Defendant's Experts:

Comments: