Date: 04-22-2016

Case Style: Charol McDaniel v. Pepper Tree Condominiums and Leinbach Company

Case Number: CJ-2013-193

Judge: Caroline Wall

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Debbra Gottschalk

Defendant's Attorney: Mike Carr and Mike Goss for Pepper Tree Condominiums and Leinbach Company

Description: Tulsa, OK - Charol McDaniel sued Pepper Tree Condominiums and Leinbach Company on negligence theories claiming:

1. That, she is leasing a first-floor-condominium from Pepper Tree Condominiums, and during her tenancy on August 6, 2011, the second-floor condominium directly above hers had a water leak.
2. That, when property management repaired the leaks, it was also necessary to repaint the ceiling of the Plaintiff's condominium.
3. That, the Plaintiff requested that her antique furniture be covered when the. ,
ceiling was painted, but, the painters failed to cover the furniture and continued to spill paint
which has damaged said furniture.
4. That, when the maintenance crew was replacing the carpet in unit upstairs, they repeatedly struck the ceiling so hard that it caused the Plaintiff's wall hangings to fall, which caused further damage to both her furniture and the wall hangings.
5. That, shortly after the repairs were done indoors, the condominium had a maintenance crew painting the exterior of the building and carport where the Plaintiff had her antique Jaguar car parked.
6. The painters did not notify the Plaintiff, ask her to move her vehicle or cover the vehicle, and, the painters allowed drops of paint to fall on the Plaintiff's car.
7. That, the painter's ladder made contact with the Plaintiff's car causing a scratch and further, without her knowledge or consent, someone attempted to wipe the paint off her car using an abrasive cloth, so, her car has now suffered scratches and abrasion marks from the wiping action.
9. That, on a separate occasion on August 29, 2012, a maintenance worker walked by the Plaintiff's car with a large trash container. He lost control of the bin, hit the plaintiff's driver's side mirror and scratched and dented the Plaintiff's driver's side door and lower panel.
10. That, the Plaintiff has suffered damages to her personal property due to the negligence of the Defendant and she is entitled to recover damages from the Defendant in excess of $10,000 for repairs to her furniture and her car.
11. That Plaintiff is entitled to recover her attorney's fees and costs incurred herein.
For these reasons, the Plaintiff prays that she be granted judgment against the Defendant and her attorney's fees and costs incurred herein.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: