CASE 0:16-cv-04277-MJD-HB Document 1-1 Filed 12/19/16 Page 3 of 6

STATE OF M111NESOTA

DISTRICT COURT

COUNTY OF HENNEPIN

FOURTH JUDICIAL DISTRICT

Court File No Case Type: Personal Injury

Corey Smith,

COMPLAINT VS.

Wal-Mart Stores, Inc., Defendant. Plaintiff Corey Smith for his cause of action against Defendant Wal-Mart Stores, Inc., hereby states and alleges as follows: 1.

At all times relevant, Defendant Wal-Mart Stores, Inc. ("Wal-Mart") operated a

Wal-Mart store located at 1550 Blake Avenue, City of Albert Lea, County of Freeborn, State of Minnesota (the "Store"). 2.

Defendant Wal-Mart has offices, resident agents, and/or business places in

Hennepin County, Minnesota. 3.

Plaintiff Corey Smith was lawfiilly on the parking lot of the Store (the "Parking

Lot") on or about December 16, 2014. • 4.

On or about December 16, 2014, there was a patch of ice running north to south in

the Parking Lot (the "Ice Patch"). The Ice Patch ran parallel to the front face of the Store. 5.

The width of the Ice Patch varied from a few inches to several feet and ran for the

length of the Store. 6.

The Ice Patch was located approximately 150 feet west of the front face of the Store.

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7.

Any person who parked his or her vehicle more than 150 feet west of the front face

of the Store had to traverse the Ice Patch to enter the Store. 8.

As of December 16, 2014, the Ice Patch had existed for a significant duration.

9.

On or about December 16, 2014, Plaintiff Corey Smith parked his truck and trailer

at the westernmost part of the Parking Lot. 10.

Plaintiff Corey Smith was accompanied by Victor Mann.

11.

Plaintiff Corey Smith and Mr. Mann stopped at the Store to get supplies for their

journey. 12.

As Plaintiff Corey Smith and Mr. Mann walked toward the Store's entrance, they

encountered the Ice Patch. 13.

As Plaintiff Corey Smith traversed the Ice Patch, he slipped and fell, suffering

serious injuries. 14.

Plaintiff Corey Smith was caused to be injured due to the negligence of Defendant

Wal-Mart in the maintenance, inspection, upkeep, and/or repair of the Parking Lot. 15.

Defendant Wal-Mart failed to warn Plaintiff Corey Smith of any dangerous

conditions at the Parking Lot. 16.

As a direct and proximate result of the negligence and failure to warn of Defendant

Wal-Mart, Plaintiff Corey Smith was caused to be injured. 17.

As a direct and proximate result of the negligence and failure to warn of Defendant

Wal-Mart, Plaintiff Corey Smith was caused to expend sums of money for medical care and treatment for his injuries, and in the future will be required to expend sums of money for medical care and treatment for his injuries.

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18.

As a direct and proximate result of the negligence and failure to warn of Defendant

Wal-Mart, Plaintiff Corey Smith has suffered permanent injuries. 19.

As a direct and proximate result of the negligence and failure to warn of Defendant

Wal-Mart, Plaintiff Corey Smith has suffered a loss of earnings and earning capacity. 20.

As a direct and proximate result of the negligence and failure to warn of Defendant

Wal-Mart, Plaintiff Corey Smith has been caused to endure and in the future will continue to endure great mental and physical pain, suffering, disability, and emotional distress.

WHEREFORE, Plaintiff Corey Smith prays for judgment against Defendant Wal-Mart Stores, Inc., in an amount in excess of $50,000.00, together with costs and disbursements herein.

TARSHISH CODY, PLC

Dated: ij/ ?V6 Kyle S. Kosieracki (#396564) Richard Dahl (#281104) 6337 Penn Ave. S. Minneapolis, MN 55423 Tel: (952) 361-5556 Fax: (952) 361-5559 [email protected] [email protected] ATTORNEYS FOR PLAINTIFF

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CASE 0:16-cv-04277-MJD-HB Document 1-1 Filed 12/19/16 Page 6 of 6

ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes § 549.211, subd. 2, to the party against whom the allegations in this pleading are asserted.

TARSHISH CODY, PLC Dated: Kyle S. Kosieracki (#396564) 6337 Penn Ave. S. Minneapolis, MN 55423 Tel: (952) 361-5556 Fax: (952) 361-5559 [email protected] VERIFICATION OF COMPLAINT AND CERTIFICATION STATE OF ARIZONA SS

COUNTY OF MARICOPA Corey Smith, deposes and says as follows: 1. I am the Plaintiff in this civil proceeding. 2. I have read the above-entitled civil Complaint drafted by my attorneys and I believe that all of the facts contained in it are true, to the best of my knowledge, information and belief formed after reasonable inquiry. 3. I believe that this civil Complaint is well grounded in fact and warranted by existing law or by a good faith argument for the extension, modification, or reversal of existing law. 4. I believe that this civil Complaint is not interposed for any improper purpose, such as to harass any Defendant(s), cause unnecessary delay to any Defendant(s), or create a needless increase in the cost of litigation to any Defendant(s), named in the Complaint. 5. I have approved this civil Complaint in good faith and solely for the purposes set forth in it. I declare under penalty of perjury that the above information is true and correct.

,i(multA Corey S *th

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