Date: 06-22-2015

Case Style: Joe Roberson v. Wal Mart Stores, Inc., Wal-Mart Stores East, Inc., Wal Mart Stores East LP

Case Number: CJ-2014-3876

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Oleg Roytman

Defendant's Attorney: Mark Steele

Description: Tulsa, OK - Joe Roberson sued Wal Mart Stores, Inc., Wal-Mart Stores East, Inc., Wal Mart Stores East LP on premises liability theories claiming:

I. Plaintiff is a resident of Tulsa County,Oklahoma.
2. Defendant Wal-Mart Stores, Inc., and Wal-Mart Stores East, Inc., are Foreign For Profit Business Corporations regularly conducting business in Tulsa County, Oklahoma.
3. Defendant Wal-Mart Stores East, LP. Is a Foreign Limited Partnership regularly conducting business in Tulsa County, Oklahoma.
4. The events and occurrences that gives rise to this cause of action occurred in Tulsa County, Oklahoma.
5. This Court has jurisdiction and venue is proper in Tulsa County, Oklahoma.
STATEMENT OF FACTS
6. Paragraphs 1-5 are incorporated herein by reference.
7. On or about April 2,2014, Plaintiff was an invitee/patron at Defendants’ store.
8. On said date, Defendants’ employee/agent was pushing a cart full of boxes and/or objects behind the Plaintiff when said Defendants’ employee/agent caused said boxes and/or objects to fall down, striking the Plaintiff.
9. As a result of the above incident, Plaintiff suffered serious bodily injuries.
CAUSES OF ACTION
I. Negligence/Premises Liability
10. Paragraphs 1-9 are incorporated herein by reference.
11. Defendants owed a duty to Plaintiff, and all invitees, to inspect the premises and warn of dangerous conditions.
12. By failing to inspect the premises and warn Plaintiff of this dangerous condition, and by acting recklessly with complete disregard for the health and well being of Plaintiff and all other invitees, Defendants breached the duty owed to Plaintiff.
13. Defendants’ breach was the actual and proximate cause of Plaintiffs injuries.
14. As a result of Defendants’ negligence, Plaintiff has suffered personal injury, including, medical expenses, mental and physical pain and suffering, and other actual damages in excess of Seventy-Five Thousand Dollars ($75,000.00).
II. Negligent Hiring, Training, Supervision and Retention
15. Paragraphs 1-14 are incorporated herein by reference.
16. Defendants had a duty to hire, train and supervise any and all of its employees andlor agents such that its employees and/or agents would not cause accident or injury to Plaintiff and all other invitees. Further, Defendants had a duty to only retain competent employees and discharge employees unable to perform their duties in a reasonable manner without risk of injury to others.
17. By failing to hire, train and supervise its employees in such a way, and by retaining employees unable to perform their job duties without injury to others, Defendants breached the duty owed to Plaintiff.
18. This breach was the actual and proximate cause of Plaintiffs injuries.
19. As a result of Defendant’s negligence, Plaintiff has suffered personal injury, including, medical expenses, mental and physical pain and suffering, and other actual damages in excess of Seventy-Five Thousand Dollars ($75,000.00).
Punitive Damages
20. Paragraphs 1-19 are incorporated herein by reference.
21. The intentional, wanton and reckless conduct of Defendants in disregard of Plaintiff and all others invitees was conducted with full knowledge, in that Defendants knew, or should have known, of the severe adverse consequences of their actions upon Plaintiff and all others.
22. Such actions, or lack thereof, are not only detrimental to Plaintiff but the public at large.
23. The acts of the Defendants were wrongfiñ, culpable, and so egregious that punitive damages in a sum that exceeds Seventy-Five Thousand Dollars ($75,000.00) should be awarded against them to set an example to others similarly situated that such inexcusable conduct will not be tolerated in our community.

Docket
Date Code Description Count Party Amount
10-10-2014 TEXT

Civil relief more than $10,000 Initial Filing.
1
10-10-2014 PREMISE

PREMISES LIABILITY

10-10-2014 DMFE

DISPUTE MEDIATION FEE
$ 2.00
10-10-2014 PFE1

PETITION

Document Available (#1027189873)
$ 163.00
10-10-2014 PFE7

LAW LIBRARY FEE
$ 6.00
10-10-2014 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
10-10-2014 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
10-10-2014 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
10-10-2014 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
10-10-2014 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
10-10-2014 LTF

Lengthy Trial Fund
$ 10.00
10-10-2014 SMF

Summons Fee (Clerks Fee)
$ 5.00
10-10-2014 SMIMA

Summons Issued - Mailed by Attorney

10-10-2014 TEXT

OCIS has automatically assigned Judge Morrissey, Linda G. to this case.

10-10-2014 ACCOUNT

Receipt # 2014-2949943 on 10/10/2014.
Payor:SMOLEN SMOLEN Total Amount Paid: $218.70.
Line Items:
CJ-2014-3876: $168.00 on AC01 Clerk Fees.
CJ-2014-3876: $6.00 on AC23 Law Library Fee.
CJ-2014-3876: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2014-3876: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2014-3876: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2014-3876: $2.00 on AC64 Dispute Mediation Fees.
CJ-2014-3876: $25.00 on AC79 OCIS Revolving Fund.
CJ-2014-3876: $10.00 on AC81 Lengthy Trial Fund.

10-22-2014 EAA

ENTRY OF APPEARANCE FOR DEFENDANT / MARK T STEELE AND DRANDY L WANDRES ENTERING AS COUNSEL / W-CS / CERTIFICATE OF SERVICE

Document Available (#1027505873)
WAL MART STORES INC
10-22-2014 A

DEFENDANT WAL-MART'S ANSWER TO PLAINTIFF'S PETITION / CERTIFICATE OF SERVICE

Document Available (#1027505869)
WAL MART STORES INC
10-24-2014 S

Party has been successfully served. WAL MART SERVED / CERT MAIL / STAMPED BY KORRI BEHLER / NO DEL DATE (CORNER CUT OFF)

Document Available (#1027507277)
WAL MART STORES INC
12-05-2014 REQ

Request FOR STAUS AND SCHEDULING CONFERENCE / A TO J / CERTIFICATE OF MAILING

Document Available (#1028043137)
WAL MART STORES INC
12-08-2014 CTFREE

MORRISSEY, LINDA G: ORDER ENTERED SETTING CASE FOR SCHEDULING CONFERENCE ON 1/5/15 AT 2:00 PM, ROOM 601

12-17-2014 O

ORDER SETTING SCHEDULING CONFERENCE

Document Available (#1028053057)

12-31-2014 CNOTE

CLERK'S NOTE: PER PHONE CALL FROM BRANDY WANDRES, PARTIES HAVE A CONFLICT WITH 1/5/15 HEARING DATE; HEARING SET 1/5/15 IS STRICKEN AND RESET TO 1/30/15 AT 3:30 PM; IF AGREED SCHEDULING ORDER SUBMITTED PRIOR TO THAT DATE, THE HEARING WILL BE STRICKEN

01-20-2015 CTFREE

MORRISSEY, LINDA G: AGREED SCHEDULING ORDER ENTERED; PRETRIAL CONFERENCE SET 7/30/15 AT 10:30 AM; PARTIES AGREE TO ATTEND MEDIATION WITH GREG LAFEVERS PRIOR TO PRETRIAL

01-22-2015 SO

AGREED SCHEDULING ORDER

Document Available (#1028390141)

01-27-2015 CNOTE

CLERK'S NOTE: SCHEDULING CONFERENCE SET 1/30/15 IS STRICKEN; AGREED SCHEDULING ORDER ENTERED

02-20-2015 WL

DEFENDANT WAL-MART'S PRELIMINARY WITNESS & EXHIBIT LIST / CERTIFICATE OF SERVICE

Document Available (#1028753565)
WAL MART STORES EAST INC
05-13-2015 DWP

DISMISSAL WITH PREJUDICE BY PLT

Document Available (#1029613438)
WAL MART STORES INC

Outcome: 05-13-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
1 WAL MART STORES EAST INC
05-13-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
1 WAL MART STORES EAST LP
05-13-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
1 WAL MART STORES INC

Plaintiff's Experts:

Defendant's Experts:

Comments: