Date: 09-12-2014

Case Style: Beverly Muzzy v. Tulsa County Public Facilities Authority v. Jimmy Reed, Jr.

Case Number: CJ-2013-580

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Steve Gray

Defendant's Attorney: Gerald Hilsher and Ruth Addison for Jimmy Reed, Jr., Darla Reed and First Mercury Insurance company

Mike Masterson and Amanda Mims for Tulsa County Public Facilities Authority and Spectacular Attractions, Inc.

Description: Tulsa, OK - Beverly Muzzy v. Tulsa County Public Facilities Authority and Spectacular Attractions, Inc. v. Jimmy Reed a/k/a James King Reed, Jr., Darla Reed d/b/a Reed Exposition Midways, LLC and First Mercury Insurance Company on negligence theories seeking compensation alleging:

COMES NOW, the Petitioner, Beverly Muzzy, by and through her attorney, Stephen P. Gray, pursuant to Title 51 O.S. § 151 et seq. of the Goverrnnental Tort Claims Act, alleges and states as follows in support of her cause of action in tort, against Tulsa County Public Facilities
Authority:
1. The Plaintiff was injured on October 1,2012 at the Tulsa Fairgrounds, which are
owned by the Defendant, Tulsa County Public Facilities Authority, when she tripped and fell on exposed wires located on the premises.
2. Defendant was given notice of the Petitioner’s claim on October 12, 2012, and the Defendant failed to take action. 1’hjs inaction constitutes a denial on part of the Defendant, Tulsa County Public Facilities Authority, pursuant to Title 51 0.5. § 157.
3. Tulsa County Public Facilities Authority owed a duty of care to the invitees on their premises, by ensuring the premises were safe.
4. Tulsa County Public Facilities Authority breached their duty of care to their invitees by not keeping their premises safe.
5. This breach of their duty of carc is the direct cause of the Plaintiffs injuries.
6. As a result of their breach of duty, the Plaintiff has sustained actual damages in the form of personal injury, lost wages, and medicai expense in excess of $10,000.00.
WHEREFORE, premises considered, the Petitioner prays the court to grant her
judgment against Tulsa County Public Facilities Authority in the amount of damages necessary to compensate her for her injuries, ‘ost wages, medical expenses, and reasonable attorney’s fees and such other and further relief to which she may be entitled as a result of the Defendant’s
breach of duty.
SECOND CAUSE OF ACTION
7. The Petitioner adopts paragraphs 1-6, as if fully set forth herein, and applies them to her second cause of action in tort against the Defendant, Spectacular Attractions, Inc.
8. Spectacular Attractions, Inc. is the lessee of the property, where the Plaintiff was injured.
9. The Defendant, Spectacular Attractions, Inc. owed a duty of care to the Plaintiff, who was an invitee on their leased premises. to protect their invitees from harm while on their leased premises.
10. Spectacular Attractions, Inc. breached their duty owed to invitees by failing to maintain safe premises.
11. This breach of duty of care is the direct cause of the Plaintiffs injuries.
12. As a result of the Defendant’s breach of duty, the Plaintiff has sustained actual
damages in the form of personal injury, lost wages, and medical expense in excess of
$10,000.00.
WHEREFORE, premises considered, the Plaintiff prays the court to grant her judgment against Spectacular Attractions, Inc. in the amount of damages necessary to compensate her for her injuries, lost wages, medical expenses, and reasonable attorney’s fees and such other and
further relief to which she may be entitled as a result of the Defendant’s breach of duty.

Outcome: 06-20-2014 DISPCVDMWP 1 SPECTACULAR ATTRACTIONS INC. 90444947 Jun 23 2014 7:37:47:597AM - $ 0.00
DISMISSAL WITH PREJUDICE
06-20-2014 DISPCVDMWP 1 TULSA COUNTY PUBLIC FACILITIES AUTHORITY 90444948 Jun 23 2014 7:37:47:917AM - $ 0.00
DISMISSAL WITH PREJUDICE
09-12-2014 DISM - REED, JIMMY JR 91295359 Sep 12 2014 1:44:30:387PM - $ 0.00
DISMISSAL OF THIRD PARTY PETITION WITH PREJUDICE
Document Available (#1027190257)
09-12-2014 DISPCVDMWP 2 REED, DARLA 91295467 Sep 12 2014 1:48:53:997PM - $ 0.00
DISMISSAL WITH PREJUDICE
09-12-2014 DISPCVDMWP 2 REED, JIMMY JR 91295468 Sep 12 2014 1:48:54:097PM - $ 0.00
DISMISSAL WITH PREJUDICE
09-12-2014 DISPCVDMWP 3 FIRST MERCURY INSURANCE COMPANY INC 91295469 Sep 12 2014 1:48:54:167PM - $ 0.00
DISMISSAL WITH PREJUDICE
09-12-2014 DISPCVDMWP 4 FIRST MERCURY INSURANCE COMPANY INC 91295470 Sep 12 2014 1:48:54:227PM - $ 0.00
DISMISSAL WITH PREJUDICE

Plaintiff's Experts:

Defendant's Experts:

Comments: