“Under Oklahoma law, the elements of res judicata or claim preclusion, are “1
How later courts described this case
- “Under Oklahoma law, the elements of res judicata or claim preclusion, are “1
- wrongful death action may be maintained under survivor statute for the death of a nonviable fetus born gasping at twenty to twenty-one weeks regardless of its ability to sustain life for any particular period of time
- “A final judgment is one in which no appeal has been perfected within the time allotted by law or one in which an appeal has been properly perfected and acted upon by the highest court whose review has been sought.”
- "It is presumed that the law-making body has expressed its intent in a statute and that it intended what it so expressed."
Written by the judges who cited it.
The opinion
SUMMERS, C.J.,
concurring in part and dissenting in part.
¶ 1 I dissent from parts III and V for the reason that I agree in large part with the views expressed by Justice Hodges on the necessity for viability of the fetus. I concur in parts I, II, IV, VI, VII, and that part of VIII other than in its references to the viability issue.