Justia Injury Law Opinion Summaries

Articles Posted in Oklahoma Supreme Court
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Plaintiffs filed a negligence action based upon the alleged acts of defendants when one of the plaintiffs was staying in a hospital after surgery and received a burn from spilled hot water. The district granted defendants' motion to strike plaintiffs' witness list and defendants' motion for summary judgment. Plaintiffs appealed and the Court of Civil Appeals. After its review, the Oklahoma Supreme Court held the trial court erred in granting summary judgment striking the list of trial witnesses when plaintiffs were not provided time to respond to the motion to strike as granted by District Court Rule 4. Judgment was reversed and the matter remanded for further proceedings. View "Shawreb v. SSM Health Care of Oklahoma" on Justia Law

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Petitioner Sharla Whipple's twenty-three year old, unmarried son lost his life in a work related accident. Under the Workers Compensation Act, only a spouse, child, or legal guardian could file a Workers Compensation death benefit claim when a work related death occurs. Whipple's son had no spouse, child or legal guardian. Consequently, Whipple's only remedy was to file a wrongful death action. However, the trial court granted partial summary judgment against Whipple, determining that her only remedy was limited to the Workers Compensation system, rather than the district court. Whipple appealed. The Oklahoma Supreme Court held that the right of a parent as the next of kin to bring a wrongful death action when the decedent was an adult, unmarried, and childless, was established in the law pursuant to 12 O.S. 2011 section1053 and by art. 23 section 7 of the Oklahoma Constitution. Therefore, the Legislative attempt to limit recovery for wrongful death pursuant to 85A O.S. Supp. 2014 section 47 to a spouse, child or legal guardian dependent on the decedent was a nullity. "The Okla. Const ... prohibits the abrogation of the right to recover for injuries resulting in death. The Legislature may limit the recovery, but may not eliminate the right to recover." View "Whipple v. Phillips & Sons Trucking" on Justia Law

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In 2010, plaintiff-appellant James Payne pled nolo contendere to stalking in Case No. CF-2010-27 in Pittsburg County, Oklahoma. He received a five-year deferment with special rules and conditions of probation. He was required to have no contact with the stalking victim. In addition, Payne pled guilty to violating a protective order in many other cases filed in Pittsburg County related to the same victim and was sentenced to six months in the county jail. The sentences were to run concurrently. He received extra credits and was released from custody on May 5, 2010. A month later, on June 10, 2010, the district attorney filed a motion to accelerate the deferred judgment for probation violations, alleging Payne had been contacting and harassing the victim. The district court issued a felony warrant and Payne was arrested and booked into jail by the Pittsburg County Sheriff's Office on June 11, 2010. Payne did not post bail and remained in the county jail. The district court ultimately executed a minute order finding Payne guilty of violating the terms of his deferred sentence, for which he received a five year sentence: four suspended and one year to serve in the Department of Corrections. Payne received credit for time served in the county jail since his June 10 arrest. The Judgment and Sentence ordered Payne into DOC custody and directed the Pittsburg Sheriff's office to transfer Payne to the Lexington Assessment and Reception Center to begin serving his time in DOC custody. The Sheriff's Office of Pittsburg County did not transfer Payne to the Lexington Assessment and Reception Center (LARC) until September 6, 2011, almost three months past the end of his sentence. Payne was released that same day without serving any of his time in DOC custody. Payne sue various Pittsburg county corrections and governmental officials, arguing his constitutional rights had been violated because he remained in custody beyond his sentence. The district court granted summary judgment in favor of the defendants. The Oklahoma Court of Civil Appeals affirmed. The Oklahoma Supreme Court granted certiorari on the remaining issue preserved for review, i.e., whether a private right of action under Article 2 Section 9 of the Oklahoma Constitution existed under the facts of this case. The Court held a private right of action existed at the time Payne was detained past his sentence, and remanded for further proceedings. View "Payne v. Kerns" on Justia Law

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Plaintiff Shelli Farley, a surviving spouse of a former City of Claremore fireman, successfully obtained a death benefits award in the Workers' Compensation Commission. She then brought a District Court action for damages alleging the death of her spouse was caused by negligence and an intentional tort committed by her spouse's employer who was a local government entity. She argued her action was also for the benefit of her surviving child, as well as the surviving parents and brother of the deceased. The Oklahoma Supreme Court concluded after review of the trial court record, that a tort action for damages suffered by a surviving spouse, surviving child, and parents of a deceased adult child did not survive for the purpose of a 12 O.S. 1053 wrongful death action when: (1) The wrongful death action arises from an injury compensable by an exclusive workers' compensation remedy and the tort action is brought against the employer of the deceased; and (2) the employer can claim sovereign immunity. In this case, the wrongful death injury was adjudicated and compensated by a successful workers' compensation claim after the death of the decedent. This successful adjudication demonstrated the decedent's injury was exclusively before the Commission and not cognizable as a District Court claim at the time of decedent's death. The parents' action for loss of companionship damages was extinguished at the time of decedent's death and did not survive. And the City was immune from suit because the tort claim against it was for liability for an injury properly compensated by a claim before the Workers' Compensation Commission. The brother of the deceased did not possess a wrongful death § 1053 action for loss of consortium. Furthermore, the Court concluded plaintiff lacked standing to seek injunctive relief. Dismissal of this case was affirmed. View "Farley v. City of Claremore" on Justia Law

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The estate of an individual that died as a result of an injury incurred while being a patient of a nursing home sued the nursing home facility in a wrongful death action. The district court entered default judgment for Plaintiff after Defendant failed to file a response or appear in court multiple times. Over 200 days later, Defendant filed a petition to vacate default judgment and the petition was granted. Plaintiff appealed the ruling, and the Court of Civil Appeals (COCA), affirmed the trial court's decision. The Oklahoma Supreme Court concluded it was "patently clear" Defendant's arguments for the Petition to Vacate Judgment as to liability was without merit. "[The Nursing Home] Meeker was given a multitude of opportunities to respond to the litigation, but failed to respond to a single instance for 280 days after the initial service of process. Meeker failed to respond to any service of process or appear at any hearing, and did not have an argument with merit to support the inability to respond to the litigation." Accordingly the Supreme Court vacated the opinion of the Court of Civil Appeals, reversed the trial court's judgment granting the Petition To Vacate Judgment as to liability, and remanded this matter for a trial on damages. View "Williams v. Meeker North Dawson Nursing, LLC" on Justia Law

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Plaintiff, a child, by and through his parents, brought a Governmental Tort Claims Act action alleging he was injured through the negligence of a school bus driver. The child was taken to a hospital emergency room, given several diagnostic tests, and treated with 4 staples for one laceration and Dermabond for another. When he filed his District Court action more than one year later he alleged he had medical-related expenses in the amount of $6,209.30, and potential unknown medical expenses as a result of being hit by the bus. Further, he alleged pain and suffering and sought a sum in excess of $10,000. The three basic questions raised on application for certiorari review by the Oklahoma Supreme Court were: (1) whether an Oklahoma Governmental Tort Claims notice sent by certified mail to a superintendent of a public school statutorily sufficient; (2) whether an insurance adjuster's request for more information tolled the GTCA time limits if the request also stated an intent for tolling to not occur; and (3) whether a unilateral request by plaintiff for settlement negotiations tolled the GTCA time limits. The Supreme Court held plaintiff's Governmental Tort Claims Act (GTCA) notice of claim sent to the correct school superintendent by certified mail satisfied the requirement in 51 O.S. 156(D) for filing the GTCA notice with the office of the clerk of the school's board of education, although the superintendent did not transmit the notice to the proper clerk for filing. Further, the Court held the insurance adjuster's request for additional information did not toll the 90-day time limit for approval, denial, or deemed denial of the GTCA claim when the request expressly stated it would not extend or waive the GTCA time limits. Finally, the Court held a plaintiff's letter unilaterally seeking settlement negotiations was not an agreement pursuant to 51 O.S. 157 to toll the GTCA time limits. View "I. T. K. v. Mounds Public Schools" on Justia Law

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The daughter of a deceased employee brought a wrongful death action against the her father’s employer for intentional tort, asserting that the employer was willful, wanton, and intentional in directing the decedent-employee to perform certain tasks that the decedent's employer knew was certain or substantially certain to result in the decedent-employee's death. She sought declaratory relief that the exclusive liability provision of the Workers' Compensation Act was unconstitutional. The district court declared the Act's exclusivity provision constitutional, ultimately determined the decedent-employer's liability was exclusively governed by the Oklahoma Workers' Compensation Act, and dismissed the daughter's petition. The Court of Civil Appeals declared the statute unconstitutional as a special law in violation of Okla. Const. art. 5, sections 46, 59. The COCA reversed the district court's order of dismissal and remanded the matter for further proceedings. Based on its review of the undisputed facts, the Oklahoma Constitution, and applicable laws, the Oklahoma Supreme Court found the portion of section 12 that included intentional torts was “not within the walls of the workers' compensation scheme or jurisdiction.” This analysis applied equally to subsequent iterations found in Okla. Stat. tit. 85A, section 5(B)(2)(2013),4 209(B),5 and Okla. Stat. tit. 85, section 302(B)(2011) (now repealed). Accordingly, the district court's order was reversed and the matter remanded to the district court for further proceedings. View "Wells v. Oklahoma Roofing & Sheet Metal" on Justia Law

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Plaintiff Amanda Cole was injured in an automobile accident and sued defendant Samantha Josey. Plaintiff failed to serve process on the defendant within 180 days. The trial court dismissed the suit without prejudice. Plaintiff then refiled her petition within one year of the date of the order dismissing her case. The trial court dismissed her suit for failure to refile within one year of the 181st day following the filing of her original petition. Plaintiff appealed; the Oklahoma Court of Civil Appeals affirmed the trial court. The Oklahoma Supreme Court granted certiorari and reversed the trial court's decision. The sole issue on appeal was whether the refiling of a petition after the first petition was dismissed on the grounds that service was not made within 180 days had to take place within one year of the finality of the order dismissing the case or within one year from the 181st day of filing the petition. The Supreme Court held the day after the filing of an appealable order dismissing the case was the date from which the 12 O.S. 2011, section 100 "savings statute" one year refiling period began, if the order was not appealed. Where the dismissal order is appealed the one year period commences on the day after the appeal is final. This issue had not been specifically addressed by the Supreme Court under these facts and under the version of the statute applicable to this action. View "Cole v. Josey" on Justia Law

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Appellant Thomas Southon was employed by Oklahoma Tire Recyclers, LLC ("Employer"). In 2016, Southon sustained an injury while on the job and filed a claim for workers' compensation benefits. Employer fired Southon less than a month after he suffered the injury. Southon filed an action alleging Employer terminated him as retaliation for seeking workers' compensation benefits. Southon's petition further requested a declaratory ruling that 85A O.S.Supp. 2013 section 7 was unconstitutional. Employer moved to dismiss the case for lack of jurisdiction, arguing that under section 7 Southon's exclusive, and constitutionally sufficient, remedy was before the Workers' Compensation Commission and not the district court. The district court found 85A O.S.Supp. 2013 section 7 was constitutional, and agreed that the Workers' Compensation Commission had exclusive jurisdiction over Southon's claim and sustained Employer's motion to dismiss. Southon appealed, and this matter was retained and made a companion case to another cause concerning the same statutory provision. The issues presented for the Oklahoma Supreme Court’s review were: (1) whether 85A O.S.Supp. 2013 section 7 unconstitutionally restricted a plaintiff's right to jury trial; (2) whether section 7 denied Southon his right to due process; (3) whether section 7 wrongfully classifies workers' compensation claimants separately from other wrongful termination victims; and (4) whether a Burk tort was available to such plaintiffs in the district court. The Supreme Court concluded Southon's four assignments of error were without merit and affirmed the judgment of the district court. View "Southon v. Oklahoma Tire Recyclers, LLC" on Justia Law

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At issue was the constitutionality of an Oklahoma legislative enactment, 23 O.S. 2011 section 61.2, which that statutorily limited a plaintiff's recovery of noneconomic damages to $350,000 unless special findings were made. Plaintiffs brought a personal-injury action, and a jury returned a verdict in their favor. The trial court reduced the amount of the actual noneconomic damages awarded by the jury to comply with the statutory cap on damages contained in 23 O.S. 2011 section 61.2, and then entered judgment on the verdict as modified. Plaintiffs appealed, challenging the statutory cap on damages, as well as other matters. Defendant filed a counter-appeal, also attacking the judgment on various grounds. The Oklahoma Supreme Court held 23 O.S. 2011 section 61.2(B)--(F) was an impermissible special law that violated Article 5, Section 46 of the Oklahoma Constitution because it singled out for different treatment less than the entire class of similarly situated persons who may sue to recover for bodily injury. Furthermore, the Supreme Court held none of the defendant's assignments of error in its counter-appeal were sufficient to reverse the judgment. The Court reversed the trial court's judgment to the extent it modified--and reduced--the jury's verdict in favor of the plaintiffs. View "Beason v. I.E. Miller Services, Inc." on Justia Law