Date: 02-01-2013

Case Style: Michael Chiaffitelli v. Wal-Mart Stores East, L.P.

Case Number: CJ-2011-6052

Judge: Lisa T. Davis

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Jeff R. Laird

Defendant's Attorney: Michael W. Brewer and Anh Kim Tran

Description: Michael Chiaffitelli sued Wal-Mart Stores East, L.P. on a premises liability theory claiming:

i. On or aboutJune 26, 2011, Plaintiffs, Jessica Chiaffitelli and Alexis Barry, were invitees at a place of business owned and operated by Defendant, Wal-Mart Stores East, LP in Oklahoma City, Oklahoma County, Oklahoma.

2. Defendant owed Plaintiffs a duty to maintain their business in a reasonably safe condition and to warn customers of dangerous conditions upon the premises, which should reasonably be known to the Defendant but not to Plaintiffs. Def duty to maintain the premises in a reasonably safe condition and failed to warn Plaintiffs of a dangerous condition then and there existing on Defendant’s premises.

3. As a result of the negligence of Defendant hereinbefore set forth, Plaintiffs sustained serious, painful, permanent, disabling injuries and are entitled to recover damages for such personal injuries from Defendant.

4. Plaintiffs are seeking damages in excess of the amount required for diversity under 28 USC 1332 (currently $75,000.00).

WHEREFORE, Plaintiffs, Michael Chiaffitelli, as father and next friend of Jessica Chiaffitelli,
minor, and Becky Barry, as mother and next friend of Alexis Barry, a minor, pray for judgment against
the Defendant, Wal-Mart Stores East, L.P., a Delaware limited partnership, in $75,000.00, plus interest, costs and all such other and further relief as to which Plaintiff may be entitled.

Defendant Wal-Mart Stores, L.P., appeared and answered as follows:

1. As to the allegations contained in paragraph no. 1 of Plaintiffs’ Petition, it is Defendant’s belief that the minor Plaintiffs, Jessica Chiaffitelli and Alexis Barry, may have been business invitees on one of its premises located in Oklahoma City, Oklahoma County, Oklahoma on June 26, 2011; otherwise, the allegations are denied.

2. As to the allegations contained in paragraph no. 2 of Plaintiffs’ Petition, it is admitted to the extent that Defendant has certain obligations under Oklahoma law as a premises owner to its invitees; otherwise, the allegations are denied.

3. As to the allegations contained in paragraph no. 3 of Plaintiffs’ Petition, the allegations are denied.

4. As to the allegations contained in paragraph no. 4 of Plaintiffs’ Petition, any allegations are denied.

AFFIRMATIVE DEFENSES

For its Affirmative Defenses, Wal-Mart states as follows:

1. Wal-Mart generally and specifically denies Plaintiffs’ claims of liability, negligence and damages.

2. Failure to state a claim upon which relief can be granted.

3. Contributory/comparative negligence of the minor Plaintiffs Jessica Chiaffitelli and Alexis Barry.

4. The alleged accident was caused by the acts or omissions of third parties not under the control of Wal-Mart.

5. Plaintiffs’ injuries, if any, were brought about by superseding and intervening cause.

6. Plaintiffs’ injuries, if any, were result of a pre-existing conditions.

7. Plaintiffs’ actions were the sole cause of any injuries.

8. Plaintiffs failed to mitigate their damages.

9. Defendant had no duty to Plaintiff under Oklahoma law.

10. If a dangerous condition is proven to have existed, it was open and obvious, and Wal-Mart had no duty to warn about it.

11. Wal-Mart had no actual or constrnctive notice of any dangerous condition.

12. Wal-Mart reserves the right to amend its Answer to Plaintiffs’ Petition, including asserting additional affirmative defenses, as discovery continues.

WHEREFORE, having fully Answered, Defendant, Wal-Mart Stores East, L.P., (“Wal
Mart”) requests that judgment be entered in its favor, and that it be awarded its costs incurred in defending this case, as well as any other relief to which it is entitled.

Outcome: Now on this 20th day of January, 2O12 this cause comes on before me, the undersigned Judge of the District Court of Oklahoma County, State of Oklahoma, pursuant to an agreement on all parties, Plaintiff, Becky Barry, as mother and next friend of Alexis Barry, a minor, appearing through their attorney Jeff Laird and the Defendant, Wal-Mart Stores East, L.P. appearing by its attorney Anh Kim Tran. It was thereupon stated to the Court by the parties that a settlement agreement had been reached, the terms of which the Defendant has agreed to pay to Becky Barry, as mother and next friend of Alexis Barry, a minor, on the cause of action, the sum of Twenty-Five Thousand and 00/100 ($25,000) Dollars. It is further stated to the Court by all parties that the settlement agreement was fair and reasonable and was freely and voluntarily entered into by all concerned, and that all parties wished to have the Court approve the said settlement.

Whereupon, the Court proceeded to hear evidence of witnesses and finds that the settlement is in the best interest of the minor child and should be approved and judgment entered thereupon.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the settlement is in the best interest of the minor, and the Plaintiffs are hereby given judgment against the Defendant in the sum of Twenty-Five Thousand and 00/100 ($25,000) Do ars.

Plaintiff's Experts:

Defendant's Experts:

Comments: