Case law

GOWENS v. BARSTOW

364 P.3d 644 · Supreme Court of Oklahoma · Dec 15, 2015

The appellate court found under current case law and the GTCA, NRH was immune and therefore reversed both of the trial court's orders. On April 21, 2015, Ms. … Barstow's actions were reckless then it is immune from respon-deat superior liability.

Warren v. Green

365 P.2d 1002 · Supreme Court of Oklahoma · Oct 31, 1961

He, however, declined to qualify and serve in said capacity. Thereafter, and on January 7, 1953, J. Fred Green, who was not related to ward, was appointed guardian and promptly qualified. Mr. … court are clearly against the weight of the evidence.

SHADID v. CITY OF OKLAHOMA CITY

2019 OK 65 · Supreme Court of Oklahoma · Oct 14, 2019

This amendment creates a temporary term (8 year) excise tax of 1% to begin April 1, 2020, if approved by a majority vote of qualified, registered voters of Oklahoma City. … (c) The City Council shall by resolution establish a Citizens Sales Tax Advisory Board.

Empire Refineries, Inc. v. Atchison, T. & S. F. Ry. Co.

91 Okla. 171 · Supreme Court of Oklahoma · Jul 3, 1923

While this question is one upon which there is a conflict of authority, we are clearly of the opinion that the service was sufficient. … Such a radical departure from the established concepts of legal liability would at least approach the verge of constitutional power. It should not he made in the absence of compelling language. United States ex rel.

Trust Co. of Oklahoma v. State Ex Rel. Department of Human Services

62 O.B.A.J. 3763 · Supreme Court of Oklahoma · Dec 17, 1991

The medically needy become eligible for medicaid benefits when their income and assets are reduced by incurred medical expenses that reduce their income and assets below certain established levels. Ramsey v. … For purposes of the previous sentence, the term ‘grantor’ means the individual referred to in paragraph (2). (2) For purposes of this subsection, a ‘medicaid qualifying trust1 is a trust, or similar legal device, established

Oklahoma Ass'n for Equitable Taxation v. City of Oklahoma City

66 O.B.A.J. 2037 · Supreme Court of Oklahoma · Jun 20, 1995

The Legislature has created classes of taxpayers for purposes of state income tax 17 and for exemptions from state sales tax. 18 In some instances, this is accomplished in a procedure similar to the one a qualified person … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

Board of Com'rs of Garfield County v. Worrell

33 Okla. 390 · Supreme Court of Oklahoma · Aug 20, 1912

Laws 1905, c. 33, art. 1, pp. 358, 362), provides for the formation of consolidated school districts by the voluntary disorganization and consolidation of adjacent school districts, the establishment of consolidated schools … Laws 1910, amending the act of 1897 (Laws 1897, c. 34, art. 5, sec. 1), clearly vests the authority in the county superintendent to divide the county into a convenient number of school districts and to change such districts

State Ex Rel. Oklahoma Bar Ass'n v. Busch

67 O.B.A.J. 2587 · Supreme Court of Oklahoma · Mar 12, 1996

Clearly, the ADA applies to the OHahoma Bar Association, an arm of this Court. Tweedy v. Oklahoma Bar Ass’n, 624 P.2d 1049 (Okla.1981). … The ADA clearly applies to the Oklahoma Bar Association, as an arm of this Court.

Moore v. Hayes

744 P.2d 934 · Supreme Court of Oklahoma · Sep 29, 1987

The plain language of this section appears to clearly restrict ward voting to the qualified electors who are residents of that ward. … I therefore find that Moore has established the existence of irregularities in the voting of two ballots.

Rivas v. Parkland Manor

12 P.3d 452 · Supreme Court of Oklahoma · Sep 19, 2000

In the interest of the public good and creation of a more orderly system of compensation, the injured worker is not required to establish employer negligence in his pursuit of compensation. Id. at 945. … The immunity provided Rivas' employer here is not total, but a partial immunity, capping the employer's liability for PPD to 100% permanent partial disability. 6 .

Chicago, R. I. & P. Ry. Co. v. McBee

45 Okla. 192 · Supreme Court of Oklahoma · Nov 24, 1914

The rule established in this jurisdiction is that: “This court will not disturb the finding of fact by a jury or by a court sitting in the place of a jury, if there is any evidence reasonably tending to establish the allegations … extending through the various states is engaged in interstate commerce, yet the fact is equally as notorious and as much the subject of judicial notice that every such railway is also engaged in intrastate traffic; and clearly

Lone Star Gas Company v. Oakman

283 P.2d 810 · Supreme Court of Oklahoma · May 10, 1955

The rule relative to a proper allegation of fraud is clearly expiessed by this-Court in Miller v. … the essence of the contract, and when this, is done the provision as to the consideration for the contract must stand upon the same plane as the. other provisions of the contract with reference to conclu- . sjveness and immunity

Caffey v. Veale

193 Okla. 444 · Supreme Court of Oklahoma · Jan 25, 1944

These two contentions may be stated thus: (1) Where the claimant to an office presents written evidence clearly establishing his right thereto, mandamus is a proper remedy and should be granted as a matter of right and the … In these circumstances, we hold that the trial court clearly was correct in permitting the defendants to introduce explanatory evidence.

Lackey v. Quigley

181 Okla. 492 · Supreme Court of Oklahoma · Nov 23, 1937

Seven directors were elected and qualified. … In this connection the rules and by-laws of the association were introduced in evidence, and these provisions are not clearly established by such rules and by-laws, but the undisputed and uneontroverted evidence is that such

Root v. KAMO Electric Cooperative, Inc.

699 P.2d 1083 · Supreme Court of Oklahoma · Jan 29, 1985

Appellant sought to acquire a perpetual easement to establish and maintain a 161 KV electric transmission line across appellees’ property. … The testimony of the expert witnesses of both appellant and appellees established that the terms of this contract were reasonable for this case.

Red River Construction Co. v. City of Norman

624 P.2d 1064 · Supreme Court of Oklahoma · Feb 24, 1981

Plaintiff’s allegations established it was the owner of a lease for the purpose of mining riverbed sand at the southern end of the city of Norman’s street called 24th Avenue S.W., on the north bank of the Canadian River, … The Court of Appeals then states the record clearly shows the activity was closed down by ordinance rather than by enjoining a nuisance after stating correctly that motive for passage of an ordinance is not properly considered

Dominic v. Creek Nation, State Insurance Fund

68 O.B.A.J. 1279 · Supreme Court of Oklahoma · Apr 8, 1997

Nor is at issue here Nation’s claimed sovereign immunity from suit. Rather, our focus must be on the rights of the injured claimant against Nation’s insurer. … construed to extend the estoppel act’s benefit to all disputes spawned by the insurer’s denial of its insured’s status as an employer covered by workers’ compensation liability. 18 This outer reach of estoppel’s application is clearly

Application of Goodwin

597 P.2d 762 · Supreme Court of Oklahoma · Jul 12, 1979

This case is clearly distinguishable from Fun Country. … The trust indenture clearly sets out the requirement that dwellings financed under this program must be owner-occupied. A duplex in which one side was either rented or vacant would not qualify as owner-occupied.

AMERICAN AIRLINES, INC. v. STATE ex rel. OKLAHOMA TAX COMMISSION

2014 OK 95 · Supreme Court of Oklahoma · Nov 18, 2014

To maintain this certification, AA is required to follow FAA regulations and guidelines established by original equipment manufacturers. … as a qualified aircraft maintenance facility.

Southwestern Gas & Elec. Co. v. Oklahoma Tax Commission

208 Okla. 85 · Supreme Court of Oklahoma · Feb 10, 1953

And the privilege of receiving dividends derived from corporate activities within the state can have no greater immunity than the privilege of receiving any other income from sources located there.” (Emphasis ours.) … This may be done by a percentage or ratio method as defined in our statute * * which right is at present well established. Butler Bros. v. McColgan, supra, and 27 Am. Jur., Foreign Corporations, §193, p. 416; Fleming v.