Date: 05-10-2013

Case Style: Glenda Davis v. Benny's Restaurant, Inc. d/b/a Crescent Cafe

Case Number: CJ-2012-312

Judge: Mark Barcus

Court: District Court, Tulsa County, Okalhoma

Plaintiff's Attorney: David Wayne Davis

Defendant's Attorney: Matthew B. Wade

Description: 1. Glenda Davis, Plaintiff herein, is an individual with her only residence in Tulsa County,
State of Oklahoma.

2. Defendant Benny’s Restaurant, which does business as Crescent Café, is a dontic for
profit corporation, with its principle place of business located in Tulsa County, State of Oklahoma.

3. This action arises due to a serious bodily injury which occurred to the Plaintif€:Glenda
Davis at the Defendant’s place of business.

4. Venue properly lies in the District Court for Tulsa County, State of Oklahoma, pursuant to
12 O.S. § 134 and 143, and all other applicable venue statutes, because the injury occurred in and
the Defendant’s place of business is located in Tulsa County, Oklahoma.

5. Plaintiff brings her cause of action against Defendant for (1) negligent breach of duty and standard of care, and (2) landowners or leaseholder’s liability to an invitee, and (3) strict liability, and (4) punitive and statutory damages.

FACTS

6. On or about December 16, 2010, Plaintiff Glenda Davis entered Defendant’s restaurant as a customer and invitee of the Defendant.

7. While Plaintiff was on the premises of the restaurant she slipped on food lefi on the floor and fell causing serious and significant injury to her shoulder. Her injuries are extensive and painful and her physician has informed Plaintiff that she needs surgical repair until there can be any significant recovery from effects of her injury.

8. The proximate cause of the accident was the negligence and lack of due care of the Defendant to maintain a clean floor free of debris and food.

9, Defendant failed to maintain a proper and safe flooring and such failure caused a hazard to the invitees. Defendant knew or should have known the condition of the floor was a hazard to the public but Defendant failed to correct the problem.

10. The condition of the flooring and the hazard to the public per se and constituted a lack of care to the public and rcsulted in an inherently hazardous condition and a condition of res ipsa loquitur. Because Defendant failed to exercise due care for a hazard which Defendant knew existed and failed to correct and warn the public about, Defendant should be held strictly liable.

11. Defendant’s negligence and want of care caused the accident and injuries which entitles Plaintiff to recover from the Defendant.

12. At all times, Plaintiff Glenda Davis was unaware of the hazard, which was not readily
observable and hidden from her view, and had an expectation that the Defendant would maintain a
safe environment.

13. Because of the negligence of the Defendant, Plaintiff has suffered and will suffer financial
damages, past medical, prescription and therapy expenses.

14. Because of the negligence of the Defendant, Plaintiff is in need of an operation and the
operation will cause Plaintiff to incur future medical, prescription and therapy expenses.

15. Because of the negligence of the Defendant, Plaintiff has suffered pain and emotional
distress and still continues to suffer pain and emotional distress as a result of her injury caused by
the negligence of the Defendant..

16. Because of the negligence of the Defendant, Plaintiff is physically impaired and will likely
always have a limited use of her shoulder and arm causing her the loss of full enjoyment of life.
17. Because the Defendant’s actions and/or failures to act constitute gross, reckless and wanton
indifference towards the rights of the Plaintiff, punitive and exemplary damages should be assessed
against the Defendant.

WHEREFORE, Plaintiff prays for judgment against the Defendant:

18. For damages for past, present and future medical, prescription and therapy expenses, and

19. For damages for past, present and future pain and suffering and emotional distress, and

20. Punitive and exemplary damages, and

21. Appropriate equitable and other damages that this court has authority to order and which the
Court may find helpful in correcting the injustice done to the Plaintiffs, and

22. The Plaintiffs costs and attorney fees of this lawsuit and appropriate pre-judgment interest.

23. Statutory and common law attorney liens claimed, and
24. Jury Trial demanded.


Defendant appeared and answered as follows:

1. Defendant Benny’s Restaurant, Inc. d/b/a Crescent Café, an Oklahoma Corporation generally and specifically denies each and every material allegation contained in the Petition filed on behalf of the Plaintiff except those which are specifically admitted hereinafter.

2. Defendant is without sufficient information to either admit or deny the allegations in Paragraphs 1, 4, 6, and 7 of Plaintiffs Petition. Therefore, Paragraphs 1, 4, 6, and 7 of Plaintiffs Petition are denied and Defendant demands strict proof thereof

3. Defendant admits the allegations in Paragraphs 2 and 24 of Plaintiff's Petition.

4. Defendant denies the allegations in Paragraphs 3, 5, and 8 through 23 of P1intiffs
Petition and demands strict proof thereof.

AFFIRMATIVE DEFENSES

1. The Defendant contends that the Plaintiff is negligent and that such negligence caused or contributed to the cause of the accident. A recovery by the Plaintiffs, if any, must be reduced by her/his percentage of negligence.

2. The damages claimed in Plaintiff’s Petition were a result of pre-existing damages/injuries that were neither caused nor aggravated by this accident and for which Defendant is not liable.

3. The Plaintiff has failed to state a claim against the Defendant upon which relief can be granted.

4. Defendant reserves the right to amend this Answer in accordance with Title 12 O.S. § 2015 or, upon the completion of discovery, following proper application to the Court.

5. The injuries complained of in Plaintiffs Petition are the result of health care problems which developed subsequent to the date of the alleged accident, which were neither caused nor aggravated by this accident and for which this defendant is not liable.

6. By way of further defense and pleading in the alternative, the Plaintiffs medical treatment was unreasonable and unnecessary.

7. By way of further defense and pleading in the alternative, Plaintiff has failed to mitigate the alleged injuries and damages.

8. Any allegedly dangerous condition on the defendant’s property was open and obvious.

9. Defendant had no notice of any defective condition on the premises.

10. The Plaintiff is not entitled to punitive damages as they are unwarranted in the instant action and as they are unconstitutional according to the Constitution of the United States and the State of Oklahoma,

WHEREFORE, having fully answered, Defendant, Benny’s Restaurant, Inc. d!b/a Crescent Café, an Oklahoma Corporation, prays that the Plaintiff takes nothing by reason of her Petition and that this action be dismissed for an award of costs and attorney’s fees and for all other relief deemed equitable by the Court.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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