Opinion

Nealis v. Baird

  • 70 O.B.A.J. 3640
  • 996 P.2d 438
  • 1999 OK 98
  • 1999 Okla. LEXIS 110
  • 1999 WL 1116790
Court
Supreme Court of Oklahoma
Filed
Dec 7, 1999
Status
Published
Author
Summers
On the bench
Hargrave, Lavender, Opala, Watt, Lumpkin, Boudreau, Summers, Hodges, Strubhar, Kauger, Johnson, Wilson
Cited by
106 cases

“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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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