Date: 06-17-2015

Case Style: Richard Moss v. LaFortune Properties, LLC

Case Number: CJ-2015-833

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Fred Stoops

Defendant's Attorney: Richard Healy

Description: Tulsa, OK - Richard Moss sued LaFortune Properties, LLC on a premises liability theory claiming:

1. Richard Moss, (“Mr. Moss”) at all times relevant hereto, is an individual residing in Tulsa, Tulsa County, Oklahoma.
2 LaFortune Properties LLC is a domestic limited liability company incorporated in
Oklahoma and was the owner of Magnolia Manor at 4747 S. Darlington Aye, Tu1.saOK
--I-
74135 in Tulsa County at the time of the acts complained of in this Petition. .- -
JURISDICTION AND AUTHORITY
3. This action is brought before this Court for the reason that it may exercise jurisdiction on any basis consistent with the Constitution of the State of Oklahoma and the Constitution for the United States. 12 O.S. §2004(F).
4. Pursuant to 12 0.5. §133, venue to proper for the reason that the acts complained of herein occurred in Tulsa County, Oklahoma.
5. This action is brought before this Court against a business that is licensed under the laws of the State of Oklahoma for damages and injuries based on torts arising out of premises liability and negligent construction.
6. Pursuant to 12 0.5. §2004(F), this Court has subject jurisdiction over the claims asserted herein.
FACTS COMMON TO ALL CAUSES OF ACTION
7. The foregoing paragraphs are incorporated by reference as if set forth verbatim.
8. This lawsuit results from the negligence of the defendant in the construction and maintenance of the parking lot of Magnolia Manor, causing injury to Mr. Moss.
9. On or about May 16, 2013, Mr. Moss was walking his dog in the south parking lot of Magnolia Manor.
10. There is a three to six foot dropoff between the Magnolia Manor parking lot and the parking lot of the building next door. Exhibit A.
11. The dropoff was not illuminated or marked, and there was no railing to prevent falls.
12. Mr. Moss slipped on some loose gravel and fell over the edge of the dropoff onto his head.
13. The negligence of LaFortune Properties LLC (“LaFortune”) in the construction and maintenance of the parking lot was the direct and proximate cause of the catastrophic injuries suffered by Mr. Moss.
14. As a result of the incident mentioned above, Mr. Moss sustained economic losses in the form of reasonable and necessary medical expenses as well as continued care for the rest of his life.
15. As direct and proximate result of the negligence of the defendant mentioned above, Mr. Moss has sustained permanent injuries. These injuries have caused and will continue to cause, extensive pain and suffering, emotional distress, and have substantially reduced his ability to enjoy life. Mr. Moss’s most serious injuries include quadriplegia and traumatic brain injury.
FIRST CLAIM FOR RELIEF
(Premises Liability)
16. The foregoing paragraphs are incorporated by reference as if set forth verbatim.
17. Mr. Moss was the guest of Verline Cherry, a resident of Magnolia Manor. As a guest of a tenant, Mr. Moss was an invitee of Magnolia Manor and Lafortune.
18. LaFortune knew of the unreasonably dangerous dropoff, and yet did nothing to mitigate it, light it, warn of it, or bring it into compliance with the applicable building codes.
19. LaFortune should have known that a person might fall off it at night because there was no railing or lighting.
20. LaFortune failed to exercise minimal or reasonable care to protect Mr. Moss against the danger.

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

Plaintiff's Experts:

Defendant's Experts:

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