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Date: 11-12-2015
Case Style: Pamela Lawrie v. Kum & Go., L.C.
Case Number: CJ-2014-4607
Judge: Caroline Wall
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney:
Defendant's Attorney: Richard Wassall
Description: Tulsa, OK - Pamela Lawrie sued Kum & Go., L.C. on a premises liability theory claiming:
1. That the Plaintiff is a resident of Tulsa County, State of Oklahoma; and, that Defendant, KUM & GO, L.C., is an Iowa Limited Liability Company and doing business in the State of Oklahoma That the complaint alleged herein occurred in Tulsa County, State of Oklahoma, aTd that this Court has junsdiction over the parties and subject matter herein
FIRST CAUSE OF ACTION
2. On March 13, 2014, Plaintiff, PAMELA LAWRIE, while a business invitee ofthe Defendant at its location of 7675 East 5Pt Street, in Tulsa, Oklahoma, slipped and fell in water which was negligently allowed to remain unmarked or posted with a warning sign or marker. That said premises were owned and maintained by Defendant, KUM & GO, L.C.
3. The Defendant knew, or should have known, that said dangerous condition existed and was, therefore, negligent.
4. That Plaintiff, PAMELA LAWRIE, was injured as a result of the negligence of the Defendant.
5. When injured, Plaintiff, PAMELA LAWRIE, was 56 years old with a life expectancy of 27.5 more years according to the U. S. Census Bureau, Statistical Abstract of the United States: 2012.
6. Plaintiff, PAMELA LAWRIE, has and will incur medical expenses, has and will suffer pain of mind and body and has had her earning capacity impaired.
WHEREFORE, Plaintiff, PAMELA LAWBIE, prays for judgment against the Defendant in an amount in excess of the amount required for diversityjurisdiction pursuant to Section 1332 of Title 28 of the United States Code together with the costs of this action.
The pre-trial order provided, in part:
* * *
a. What: Slip and fall incident
b. Where: 7675 East 51st Street, in Tulsa, Oklahoma
c. When: March 13, 2014
d. Who: Plaintiff and Defendant
2. General Statement of Facts:
* * *
4. Damages or Relief Sought Amount
a. Personal injuries: $Amount included in
(Permanents. Temporary) total
Describe:
b. Pain and suffering: $Amount included in
(PastX FutureX) total
c. Medical and hospital expense: $16,700.45 - Past
(PastX Estimated FutureX)
d. Loss of earnings and impairment of N/A
earning capacity:
e. Property loss: N/A
(Repairable � Not Repairable _)
f. Other: Punitive Damages N/A
TOTAL In excess of
$10,000.00
* * *
5. Defenses:
Grounds For Defense
Applicable Statute, Ordinance, Common Law Rule
a. General denial
b. Denial of damages
c. Contributory/comparative negligence
d. Denial that Plaintiffs alleged medical treatment and billings were reasonable or necessary or causally related as a result of this accident
* * *
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: