Date: 01-02-2015

Case Style: Baohanh T. Dang v. Fiesta Pools and Spas

Case Number: CJ-2014-4103

Judge: Carlos Chappelle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Warren Wright

Defendant's Attorney: James K. Secrest, II and Eric Carter

Description: COMES NOW the Plaintiff, Baohanh T. Dang, by and through her attorney, Warren L. Wright, and for her cause of action against the Defendant, Fiesta Pools and Spas, alleges and states as follows:
1. The parties entered into a contract whereby Defendant’s employee was to come tq- Plaintiffs property on Thursday, Apnl 10, 2014 to clean and replace the water in her Hot Spnngs Spa.
2. That Defendant’s employee failed to come to Plaintiffs home on the agreed upon date, but did come there on Saturday, April 12, 2014.
3. That the Defendant’s employee was not authorized by the Plaintiff to come onto her property on Saturday, April 12, 2014 and that such entry was a trespass.
4. That Plaintiff was not home on Saturday, April 12, 2014. That while Defendant’s employee was filling the Plaintiffs Hot Springs Spa with water, that water was also entering Plaintiffs home through a pipe which was broken.
5. That Plaintiff would have noticed the water entering her house had she been at her home.
6. That due to the trespassing of the Defendant’s employee, and the resultant water infiltration into Plaintiffs home, Plaintiff suffered the following damages:
A. Physical damages to her home; and
B. Mental and emotional pain and suffering.
WHEREFORE, Plaintiff prays for actual damages against the Defendant in an amount in excess of Ten Thousand Dollars ($10,000.00) caused by the trespassing of Defendant’s employee and the resultant damages that he caused to her home, and for punitive damages in an amount in excess of Ten Thousand Dollars ($10,000.00), attorney fees and costs, and for such other and further relief to which she may be entitled.

Outcome: Dismissed without prejudice.

Plaintiff's Experts:

Defendant's Experts:

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