Opinion

Price v. Howard

  • 236 P.3d 82
  • 2010 OK 26
  • 2010 WL 925175
Court
Supreme Court of Oklahoma
Filed
Jun 14, 2010
Status
Published
Author
Opala
On the bench
Colbert, Edmondson, Hargrave, Kauger, Opala, Reif, Taylor, Watt, Winchester
Cited by
26 cases
Authority
More cited than 9.8%

“[Vjiolation of government safety regulations, even if wilful and knowing, does not rise to the level of an intentional tort.”

How later courts described this case

  • “[Vjiolation of government safety regulations, even if wilful and knowing, does not rise to the level of an intentional tort.”
  • applying 85 O.S.Supp.2006 § 12
  • “[V]iolation of governmental safety regulations, even if willful and knowing, does not rise to the level of an intentional tort or an actual intent to injure.”
  • “[Nothing short of a demonstration of the employer’s knowledge of the substantial certainty of injury will suffice.” (emphasis omitted)

Written by the judges who cited it.

The opinion

OPALA, J.,

concurring in part

¶ 1 Because I did not join the court’s pronouncement in Parret v. UNICCO Service Co., 2005 OK 54 , 127 P.3d 572 , I cannot concur in today’s entire opinion. Insofar as the court appears to extend to some appel-lees full protection of the Workers’ Compensation Act’s exclusive remedy found in 85 O.S. Supp.2005 § 12, by exonerating them from all tort liability at common law, I concur. But I am compelled to recede from all other parts of the court’s holding.

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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