Sabino Solis and Tana Solis v. Asian Star Restaurant, LLC, et al.

Date: 03-14-2025

Case Number: CJ-2022-2256

Judge: Doug Drummond

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney:

Defendant's Attorney: John Davis, Amy Hampton, and Deric McClellan

Description: Tulsa, Oklahoma personal injury car wreck lawyer represented the Plaintiffs who sued the Defendants on auto negligence theories.

The Plaintiffs claimed that they were injured and/or damages in a premises liability accident that occurred on June 5, 2021 on 10030 South Mingo Road, in Tulsa caused by the failure on the part of the Defendants to maintained the property in a safe condition.

In Oklahoma, premises liability law holds property owners responsible for injuries on their property, requiring them to maintain a reasonably safe environment for visitors, with the duty of care varying based on the visitor's status (invitee, licensee, or trespasser).

Here's a more detailed breakdown:

Key Concepts:

Duty of Care:

The extent of a property owner's duty depends on the visitor's status:

Invitees: Business owners owe a higher duty of care to customers or invitees, actively encouraging their presence on the property.

Licensees: Individuals on the property with permission, such as social guests, are owed a duty of reasonable care.
Trespassers: Property owners generally owe no duty of care to trespassers, except to avoid causing intentional harm.

Negligence:

To prove a premises liability claim, the injured party must demonstrate that the property owner was negligent in maintaining their property, meaning they failed to maintain the property in a reasonably safe condition, failed to warn visitors of known hazards, or failed to inspect the property for potential hazards.

Causation:

The injured party must also prove that the property owner's negligence was the direct cause of their injury.
Foreseeability:

The concept of foreseeability is crucial in establishing liability, meaning property owners are responsible for foreseeable injuries that could have been prevented through reasonable care.
Comparative Negligence:

Oklahoma uses a modified comparative negligence system, meaning if the injured party is found to be more than 50% at fault, they are barred from seeking compensation entirely, but if less than 50%, they can seek compensation, but it will be reduced by the amount of fault they bear.

Common Premises Liability Scenarios:

Slips and Falls:
Poorly maintained surfaces, inadequate lighting, or unsafe conditions can lead to slip and fall accidents.
Unsafe Swimming Areas:
Negligence in maintaining swimming pools or spas can result in injuries.
Inadequate Fire Detection:
Insufficient or malfunctioning fire detection systems can lead to injuries in the event of a fire.
Improper Warnings and Signage:
Failure to provide adequate warnings about potential hazards can result in injuries.
Broken Stairs, Escalators, or Elevators:
Malfunctioning or poorly maintained stairs, escalators, or elevators can cause accidents.
Hazardous Chemicals or Toxic Environments:
Exposure to hazardous chemicals or toxic environments on the property can lead to injuries.

Generative AI is experimental.

Outcome: Defendant: TULSA PROPERTIES MANAGEMENT INC Disposed: DISMISSED WITHOUT PREJUDICE, 07/24/2023. Other
Defendant: ASIAN STAR RESTAURANT LLC Disposed: DISMISSED WITHOUT PREJUDICE, 02/13/2024. Other
Defendant: AVP METRO PETROLEUM LLC Disposed: DISMISSED - SETTLED, 12/20/2024. Dismissed- Settled
Defendant: CB RICHARD ELLIS INC Disposed: DISMISSED - SETTLED, 12/20/2024. Dismissed- Settled
Defendant: W O SMITH TRUST Disposed: DISMISSED - SETTLED, 12/20/2024. Dismissed- Settled
Defendant: ARKANSAS VALLEY PETROLEUM LLC Disposed: DISMISSED - SETTLED, 12/20/2024. Dismissed- Settled
Defendant: ARKANSAS VALLEY PETROLEUM LLC Disposed: ORDER APPROVING SETTLEMENT, 03/14/2025. Judge
Defendant: AVP METRO PETROLEUM LLC Disposed: ORDER APPROVING SETTLEMENT, 03/14/2025. Judge
Defendant: CB RICHARD ELLIS INC Disposed: ORDER APPROVING SETTLEMENT, 03/14/2025. Judge
Defendant: W O SMITH TRUST Disposed: ORDER APPROVING SETTLEMENT, 03/14/2025. Judge

Plaintiff's Experts:

Defendant's Experts:

Comments: