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Date: 08-25-2015

Case Style: Carolyn Carden v. Target Corporation

Case Number: CJ-2015-2253

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Oleg Roytman

Defendant's Attorney: No appearance

Description: Tulsa, OK - Carolyn Carden sued Target Corporation on a premises liability theory claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma.
2. Defendant Target Corporation is a Foreign For Profit Business Corporations regularly conducting business in Tulsa County, Oklahoma.
3. The events and occurrences that gives rise to this cause of action occurred in Tulsa County, Oklahoma.
4. This Court has jurisdiction and venue is proper in Tulsa County, Oklahoma.
STATEMENT OF FACTS
5. Paragraphs 1-4 are incorporated rein by reference.
6. On or about September 12, 2014, Plaintiff was an invitee/patron at Defendant’s store.
7. On said date, Defendants’ employee/agent was pushing a flatbed and ran said flatbed into the Plaintiff.
8. As a result of the above incident, Plaintiff suffered serious bodily injuries.
CAUSES OF ACTION
I. Negligence/Premises Liability
9. Paragraphs 1-8 are incorporated herein by reference.
10. Defendant owed a duty to Plaintiff, and all invitees, to inspect the premises and warn of dangerous conditions.
11. By failing to inspect the premises and warn Plaintiff of this dangerous condition, and by acting recklessly with complete disregard for the health and well being of Plaintiff and all other invitees, Defendant breached the duty owed to Plaintiff.
12. Defendant’s breach was the actual and proximate cause of Plaintiff’s injuries.
13. As a result of Defendant’s negligence, Plaintiff has suffered personal injury, including, medical expenses, mental and physical pain and suffering, and other actual damages in excess of Seventy-Five Thousand Dollars ($75,000.00).
II. Negligent Hiring, Training, Supervision and Retention
14. Paragraphs 1-13 are incorporated herein by reference.
15. Defendant had a duty to hire, train and supervise any and all of its employees and/or agents such that its employees and/or agents would not cause accident or injury to Plaintiff and all other invitees. Further, Defendant had a duty to only retain competent employees and discharge employees unable to perform their duties in a reasonable manner without risk of injury to others.
16. By failing to hire, train and supervise its employees in such a way, and by retaining employees unable to perform their job duties without injury to others, Defendant breached the duty owed to Plaintiff.
17. This breach was the actual and proximate cause of Plaintiffs injuries.
18. As a result of Defendant’s negligence, Plaintiff has suffered personal injury, including, medical expenses, mental and physical pain and suffering, and other actual damages in excess of Seventy-Five Thousand Dollars ($75,000.00).
Punitive Damages
19. Paragraphs 1-18 are incorporated herein by reference.
20. The intentional, wanton and reckless conduct of Defendant in disregard of Plaintiff and all others invitees was conducted with full knowledge, in that Defendant knew, or should have known, of the severe adverse consequences of their actions upon Plaintiff and all others.
21. Such actions, or lack thereof, are not only detrimental to Plaintiff but the public at large.
22. The acts of the Defendant were wrongfUl, culpable, and so egregious that punitive damages in a sum that exceeds Seventy-Five Thousand Dollars ($75,000.00) should be awarded against it to set an example to others similarly situated that such inexcusable conduct will not be tolerated in our community.

Target did not enter and appearance or answer.

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

Plaintiff's Experts:

Defendant's Experts:

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