Date: 09-01-2015

Case Style: Linda Wiland v. Dicksinson Theatres, Inc.

Case Number: CJ-2013-3453

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Chuck Richardson and Melissa East

Defendant's Attorney: Amy Bennett

Description: Tulsa, OK - Linda Wiland sued Dicksinson Theatres, Inc. on a premises liability negligence theory claiming:

Plaintiff Linda Wiland, at all times relevant to the claims alleged herem, was an
individual residing in the City of Tulsa, Tulsa County, State of Oklahoma and is a current
resident of the State of Oklahoma.
2. Upon information and belief, Defendant Dickinson Theatres, Inc. is a Kansas corporation, doing business in Oklahoma, and may be served with process through its registered service agent.
3. Jurisdiction is proper in the District Court for Tulsa County, State of Oklahoma, as the parties are each residents of the State of Oklahoma and the amount in controversy exceeds
$10,000.
4. Venue is proper in the Tulsa County District Court pursuant to OKLA. STAT. TIT.
12 § 137, which sets venue against a foreign corporation “in any county in which there may be property of or debts owing to such defendant.”
STATEMENTS OF OPERATIVE FACTS
5. Plaintiff incorporates paragraphs 1 through 4 as though stated below verbatim.
6. On September 3, 2011, Plaintiff and her husband visited Defendant Dickinson Theatres, Inc.’s Starworld 20 Theatre located at 10301 S. Memorial Dr., Tulsa, Oklahoma 74133.
7. Plaintiff and her husband visited the Starworld 20 Theatre to watch a movie.
8. Plaintiff and Plaintiff’s husband purchased tickets and proceeded to the theatre where their movie was playing.
9. When Plaintiff and her husband arrived at the theatre, the theatre was dark and crowded.
10. Plaintiff saw two vacant floor seats and proceeded to take a seat when she tripped on a small, unlighted platform.
11. As a result of the platform being unlighted and hidden, Plaintiff fell to the ground and sustained serious injuries.
FIRST CLAIM FOR RELIEF: NEGLIGENCE
12. Plaintiff incorporates paragraphs 1 through 11 as though stated below verbatim.
13. On September 3, 2011, Defendant failed to exercise ordinary care to keep the premises at Defendant Dickinson Theatre, Inc.’s Starworld 20 Theatre in Tulsa, Oklahoma in a reasonably safe condition for the use of invitees,
14. Defendant failed to remove or warn Plaintiff, an invitee, of a hidden danger on the premises that Defendant knew about, or should have known about in the exercise of reasonable care.
15. As a direct and proximate result of Defendant’s negligent actions, Plaintiff sustained personal injuries while visiting the Starworld 20 Theatre in Tulsa, Oklahoma.
16. As a direct and proximate result of Defendant’s negligence, Plaintiff suffered serious personal injuries, other personal and financial damages, pain and suffering, damage to personal property and/or loss of enjoyment of life, all in an amount in excess of $10,000.

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

Plaintiff's Experts:

Defendant's Experts:

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