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Date: 12-23-2015

Case Style: Lee Ann Moore v. Wal-Mart Stores, Inc.

Case Number: CJ-2015-1138

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Darrell Moore

Defendant's Attorney: Mark Steele and Brandy Wandres

Description: Tulsa, OK - Lee Ann Moore sued Walmart Stores, Inc. on a premises liability theory claiming:

1. Lee Ann Moore is a resident of Columbus, Mississippi. She was a resident of
Columbus, Mississippi on March 29, 2013, the date and time of the incident hereinafter described.
2. Wal-Mart Stores, Inc., is a foreign, for profit, corporation with its store number
3295 located and doing business in Tulsa County, Oklahoma at the time of the incident hereinafter described.
This is an action arising from a slip and fall incident that occurred in Tulsit'...-i <5 N
County, Oklahoma, when Wal-Mart was negligent in causing the incident that is the subject of this action.
4. This Court has jurisdiction over the parties hereto, jurisdiction of the subject matter hereof, and venue is proper.
5. On March 29, 2013, Plaintiff slipped and fell when Wal-Mart negligently maintained their premises.
6. The slip and fall occurred inside Wal-Mart store 3295 located at 6310 S. Elm Place, Broken Arrow, Oklahoma.
7. On March 29, 2013, there existed a dangerous condition in one or more areas of
the store. Lee Ann Moore, an invitee, was shopping in Wal-Mart store 3295 when she suddenly and unexpectedly slipped on a strawberry in her pathway on the floor in the produce section of the store and fell directly onto her left knee cap.
8. The impact of the fall broke her left knee cap, resulting in a displaced 3-part transverse patella fracture. Lee Ann Moore sustained severe injuries of both body and mind.
9. At all times, Lee Ann Moore was acting in a safe and prudent manner.
10. Wal-Mart was required to maintain their business in a reasonably safe condition to protect its customers from getting hurt. Wal-Mart knows fruit from their produce displays fall to the floor or may be dropped onto the floor. As a result, it is foreseeable that shopping customers, like Lee Ann Moore, will encounter the slip and fall hazard created by fruit on the store floor and will likely proceed to walk through the dangerous condition in furtherance of their shopping in the store. As a result, Wal-Mart had a duty to take precautionary measures for invitees such as Lee Ann Moore.
11. Wal-Mart was required to follow the safety rules of warning customers of dangerous conditions upon the premises, which are known and/or should be known to Defendant but not to Plaintiff. The reason that Wal-Mart must warn of or either remove a danger on its premises is to prevent harm to its customers.
12. Wal-Mart was required to follow the safety rules of using ordinary care for the
safety of Lee Ann Moore and others. Wal-Mart must choose to be careful to avoid hurting its customers.
13. Wal-Mart was not allowed to needlessly endanger Lee Ann Moore or anyone else by violating safety rules as noted herein. Wal-Mart must never recklessly disregard the rights of others.
14. Wal-Mart has a duty to use ordinary care to ensure that walking shopping areas are clear and safe, as well as a duty to keep the premises in a reasonably safe condition for the use of its invitees, to prevent harm to the members of the general public. At the time of the slip and fall, Wal-Mart violated the duty to follow the safety rules of maintaining its business in a reasonably safe condition, which needlessly endangered the safety of Lee Ann Moore and others.
15. At the time of the slip and fall, Wal-Mart violated the duty to follow the safety rule of warning customers of hidden dangerous conditions upon the premises, which are known and/or should be known to Defendant but not to the Plaintiff, which needlessly endangered the safety of Lee Ann Moore and others.
16. At the time of the slip and fall, Wal-Mart violated the duty to follow the safety rule of using ordinary care, which needlessly endangered the safety of Lee Ann Moore and others.
17. The injuries and damages sustained by Lee Ann Moore, more particularly described below, flowed directly from Wal-Mart's violation of the above duties of care for the safety of Lee Ann Moore.
18. The injuries and damages sustained by Lee Ann Moore were a direct and probable consequence from Wal-Mart's violation of the duties owed to Lee Ann Moore.
19. Wal-Mart should have foreseen and anticipated that a violation of their duties to use ordinary care would constitute an appreciable risk of harm to others, including Lee Ann Moore.
20. IfWal-Mart had not violated the independent duties to use ordinary care for the safety of Lee Ann Moore, then her injuries and damages would not have occurred.
21. The injuries and damages sustained by Lee Ann Moore as a result of Wal-Mart's negligence, carelessness, and recklessness, include but are not limited to the following:
Plaintiff s physical pain and suffering, past and future; Plaintiff's mental pain and suffering, past and future; Plaintiff s physical injuries; disfigurement; physical condition immediately before and after; the reasonable expenses of necessary medical care, treatment, services, past and future; and, any other damages to be set forth at the conclusion of discovery.
22. As a result of said injuries, Lee Ann Moore has received, and will in the future continue to receive, medical and hospital care and treatment provided by and through the United States of America. Lee Ann Moore, for the sole use and benefit of the United States of America, under the provisions of 42 U.S.C. 2651-2653 et seq. and 10 U.S.C. 1095, and with its express consent, asserts a claim for the cost of said medical and hospital care and treatment and the value of future care.
23. As a direct and proximate result of the acts of Wal-Mart, Plaintiff has incurred damages in excess of $75,000.00, plus interest, costs and all such other and further relief which should be awarded as judgment against Wal-Mart, in an amount to fully and fairly compensate Plaintiff for each and every element of damages she has suffered.
24. Lee Ann Moore requests a jury trial for all issues of fact presented by this action.

WHEREFORE, Plaintiff, Lee Ann Moore, prays for judgment against the Defendant, Wal-Mart Stores, Inc. (and other necessary Wal-Mart entities as may be shown or demonstrated by way of discovery, such as Wal-Mart Stores East, L.P.), in a sum in excess of $75,000.00 plus interest, costs and all such other and further relief as to which Plaintiff may be entitled.

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

Plaintiff's Experts:

Defendant's Experts:

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