Cynthia Bradley v. Dolgencorp, LLC d/b/a Dollar General

Tulsa, Oklahoma personal injury lawyer represented the Plaintiff on a premises liability negligence theory.



1. That Plaintiff, CYNTHIA BRADLEY (hereafter referred to as "CB"), is and was a r~deilt

of the City of Tulsa, Tulsa County, State of Oklahoma at all material times hereto.

2. That Defendant, DOLGENCORP, LLC, doing business as DOLLAR GENERAL, is and was

a foreign limited liability company authorized to conduct business in Oklahoma and doing

business in Tulsa, Oklahoma.

3. That Defendant, DOLLAR GENERAL CORPORATION, doing business as DOLLAR

GENERAL, is and was a foreign for-profit business corporation authorized to conduct

business in Oklahoma and doing business in Tulsa, Oklahoma.

4. That Defendant DOLGENCORP, LLC owns and operates a Dollar General store located at

5155A S. Peoria Ave. in Tulsa, Oklahoma.

5. That in the alternative or in conjunction, Defendant DOLLAR GENERAL CORPORATION

owns and operates a Dollar General store located at 5155A S. Peoria Ave. in Tulsa, Oklahoma.

6. That Defendants DOLGENCORP, LLC and DOLLAR GENERAL CORPORATION are

hereinafter referred to as "Defendants."

7. That the incident which is the subject of this action occurred in Tulsa County, Oklahoma.

8. That as a result of the above, this Court has jurisdiction over this matter.

9. That on or about April 12, 2023, Plaintiff CB was shopping inside the Defendants'

aforementioned Dollar General store at 5155A S. Peoria Ave. in Tulsa, Oklahoma.

10. That Plaintiff CB was walking down a middle aisle looking at the merchandise on shelving

units directly in front of her and to the left.

11. That when the subject incident occurred, a hidden danger existed on the premises of the store

in the form of a transparent, viscous substance on the floor.

12. That Plaintiff CB slipped on the aforementioned hidden danger-a transparent, viscous

substance on the floor-causing her to fall and sustain physical and emotional injuries.

13. That Plaintiff believes the transparent, viscous substance which caused Plaintiff CB to fall

was likely from a bottle of shampoo, conditioner, body wash, and/or other merchandise sold

at Defendants' aforementioned Dollar General location.

14. That Plaintiff CB was unaware of any dangerous conditions, had no notice of any hidden

danger(s), and would not be expected to observe the hidden danger(s) in the exercise of

ordinary care under these circumstances.

15. That on or about April 12, 2023, Plaintiff CB was a business invitee at the aforementioned

Dollar General location and was owed legal duties from Defendants to keep the premises in a

safe condition, to not create any dangerous conditions, and to warn of or remove any hidden

dangers that one or more of the Defendants should have known about and/or were created by

one or more of the Defendants.

16. That the duties owed to Plaintiff CB extended to all portions of the aforementioned Dollar

General premises.

17. That Defendants, jointly and/or individually, selected and organized the layout of the

aforementioned Dollar General location and designed it to induce and attract customers to

look away from the floor and to focus on the merchandise.

18. That Defendants, jointly and/or individually, were distracting customers through the layout

of the aforementioned Dollar General location, the location and height of the merchandise,

the attractiveness of the merchandise, and the volume of merchandise in the area where the

subject injury-producing incident occurred.

19. That regarding the subject incident, Defendants-jointly and/or individually-recklessly and

negligently failed to maintain the premises of the aforementioned Dollar General location in

a reasonably safe condition for invitees, including Plaintiff.

20. That regarding the subject incident, Defendants-jointly and/or individually-recklessly and

negligently failed to inspect, clean, and/or otherwise remedy a dangerous condition, which

created an unreasonable risk of harm.

21. That regarding the subject incident, the hazardous condition existed for a sufficient period of

time that Defendant knew or should have known of its presence and taken corrective action.

22. That Plaintiff CB would not be expected to observe the dangerous substance on the floor in

the exercise of ordinary care.

23. That Defendants, jointly and/or individually, improperly and/or negligently, made actions

and/or omissions including but not limited to failing to properly design, maintain, inspect,

warn, construct, have adequate non-slip flooring, to clean up and/or maintain the subject

premises at the aforementioned Dollar General location.

24. That Defendants,jointly and/or individually, negligently failed to place any adequate warning

signs in the area where Plaintiff was injured.

25. That Defendants, jointly and/or individually, negligently failed to warn Plaintiff CB of the

hidden danger hazard.

26. That Defendants, jointly and/or individually, were on notice that falls were likely to occur in

the area where Plaintiff was injured due to the nature of their business, the layout of the store,

and the type of merchandise being transported through and sold in the area.

27. The negligent and improper design, construction, and/or maintenance of the premises directly

caused Plaintiff CB to fall and suffer injuries.

28. That the danger causing this incident was neither open nor obvious.

29. That the danger causing this incident was neither ordinarily observable nor readily observable

to Plaintiff CB.

30. That at the time of the subject incident, the area where the subject incident occurred was not

in a reasonably safe condition for Plaintiff CB.

31. That the hidden danger was completely or partially obscured from Plaintiff CB' s sight.

32. That Defendants specifically designed its merchandise so as to direct customer's eyes away

from the floor and to attract their eyes to the various products Defendants sold.

33. That Defendants singularly and/or jointly own, operate, have a business interest in, and/or

control the property where this incident occurred.

34. That defendants singularly and/or jointly managed and maintained the property where this

incident occurred.

35. That Defendants singularly and/or jointly were negligent in causing this incident.

36. That Defendants, jointly and/or individually, negligently failed to take reasonable steps to

protect invitees from physical harm on the date of the subject incident.

37. That Defendants, jointly and/or individually, had the responsibility to use ordinary care to

keep the premises in a reasonably safe condition for Defendants' invitees.

38. That Defendants, jointly and/or individually, had a duty to remove and/or warn Plaintiff CB,

an invitee, of any hidden danger on the premises that Defendants either actually knew about

and/or should have known about in the exercise of reasonable care.

39. That Defendants, jointly and/or individually, had a duty to Plaintiff CB, whose presence on

the subject premises was known and/or reasonably should have been known, not to injure

Plaintiff CB by failing to warn of any hidden danger on the premises that was known to

Defendants or that should have been known to Defendants and that Plaintiff CB was not likely

to discover by herself.

40. That Defendants,jointly and/or individually, breached duties owed to Plaintiff.

41. That Defendants, jointly and/or individually, had a duty to conduct a reasonable inspection of

the premises to uncover any hidden danger.

42. Defendants, jointly and/or individually, breached the above-mentioned duties, causing harm

to Plaintiff CB.

43. That as a result of Defendants' negligence,jointly and/or individually, Plaintiff CB sustained

physical and emotional injuries and has suffered the following damages:

a. Physical pain and suffering, past;

b. Physical pain and suffering; future

c. Mental pain and suffering, past;

d. Mental pain and suffering, future;

e. Emotional distress;

f. Loss of earnings;

g. Diminished earning capacity;

h. Medical costs for care, treatment, and service, past;

1. Medical costs for care, treatment, and service, future;

J. Punitive damages; and

k. Any and all other damages that this Court deems proper and reasonable, based on

the evidence submitted at the time of trial.

44. That at the time of this incident, Defendants' actions and/or inactions, individually and/or

jointly, show a disregard and indifference to the safety of Plaintiff CB sufficient to warrant

the imposition of punitive damages and exemplary damages against them.

45. That the recoverable damages for personal injuries suffered by Plaintiff CB as defined by

Oklahoma law are in in excess of $75,000.00.

Settled for an undisclosed sum and dismissed with prejudice.