Case law

MEEKS v. GUARANTEE INSURANCE COMPANY

392 P.3d 278 · Supreme Court of Oklahoma · Feb 28, 2017

"To implement this bargain, the Legislature established the workers' compensation system as the exclusive remedy for employees who suffer accidental on the job injuries. … To hold that a workers' compensation insurer's immunity from tort liability is not coterminous with that of an insured employer's own immunity would indeed abrogate the latter's protection by removing the bargain's very pedestal

Weeks Ex Rel. Weeks v. Wedgewood Village, Inc.

554 P.2d 780 · Supreme Court of Oklahoma · Jun 1, 1976

He did not appear at the scheduled May 17 hearing, nor did he comply with the court’s request for documentation of evidence to establish a question of fact on behalf of appellants. … The court clearly states in its judgment and order : “. . .

Bocox v. Town of Bixby

114 Okla. 269 · Supreme Court of Oklahoma · Apr 20, 1926

The title of said act is as follows “An act providing for the establishing and changing of the grade of'any street, avenue, land, alley or other public place in any incorporated town in the state of Oklahoma, having a population … The title of the act clearly discloses such purpose and the provisions of sections 1 and 2 thereof show clearly just how such purpose may be carried out, just how such towns may avail themselves of 'the privilege this conferred

Fidelity & Deposit Co. v. United States Fidelity & Guaranty Co.

179 Okla. 174 · Supreme Court of Oklahoma · May 21, 1935

Marsh was appointed as deputy county treasurer, and qualified by giving a bond as such to Frank L. … The record shows some 800 pages in evidence, and it may be said that the evidence shows clearly a shortage in the county treasurer’s office to an amount far in excess of $5,000 chargeable to the wrongful acts of Marsh.

In Re Initiative Petition No. 347 State Question No. 639

62 O.B.A.J. 1880 · Supreme Court of Oklahoma · Jun 11, 1991

There is only one subject, we find, and it is clearly expressed in the title. … The initiative petition need only pass a threshold test to qualify for submission.

MULLENDORE v. MERCY HOSPITAL ARDMORE

438 P.3d 358 · Supreme Court of Oklahoma · Mar 12, 2019

Marouk , 2013 OK 36 , ¶ 0, 302 P.3d 775 , 776 (declaring 12 O.S.2011 § 19 -which required plaintiffs alleging professional negligence to consult with, and to obtain a written opinion from, a qualified expert in support of … Zimmer, Inc. , 2006 OK 98 , ¶ 32, 152 P.3d 861 , 874 (declaring 63 O.S.Supp.2003 § 1-1708.1E -which required plaintiffs in medical malpractice tort suits to consult with, and to obtain a written opinion from, a qualified

State ex rel. Darnell v. State Board of Education

475 P.2d 181 · Supreme Court of Oklahoma · Sep 29, 1970

This section further provided that a certain specified amount of Incentive Aid a school district was qualified to receive was to be used to increase the minimum salary defined above, this increase in *183 no event to be less … It is clear from the statutory language that the intent of the Legislature was to establish for teachers a minimum salary for the school year 1965-66 and subsequent years of the previous minimum of $3800.00 plus the $380.00

Meadows v. Wal-Mart Stores, Inc.

72 O.B.A.J. 827 · Supreme Court of Oklahoma · Mar 13, 2001

A finding of abuse requires that the trial court made a clearly erroneous conclusion and judgment, against reason and evidence. CNA Ins. Co. v. … of it as is true and qualify or deny the remainder.

State ex rel. Macy v. Board of County Commissioners

70 O.B.A.J. 1820 · Supreme Court of Oklahoma · Jun 1, 1999

That result would clearly be contrary to the legislative intent. … The critical question for inquiry is whether the provision of adjective law to be tested fits into the structured regime of established procedure as part of a symmetrical whole.

Ross v. Peters

64 O.B.A.J. 440 · Supreme Court of Oklahoma · Feb 9, 1993

It is evident that the concern for qualified court reporting in the judicial system is a legitimate state purpose. … The state may exclude from professional practice those who are not qualified to hold a professional license.

In Re Sixkiller's Estate

168 Okla. 302 · Supreme Court of Oklahoma · Apr 24, 1934

Measured by this rule, testator appears to have come clearly within the requirement. … Her own children had long before married and established homes for themselves and probably had allotments of their own.

Strother v. Wilkinson

108 Okla. 57 · Supreme Court of Oklahoma · Jan 2, 1925

It is not claimed that Wilkinson made the affidavit in this case; furthermore, it does not appear that he could qualify to> make proof of publication of the notice, if that pant of the section just quoted be applicable in … In this w.e think there was error, it being clearly in conflict with the statute.”

Grand-Hydro v. Grand River Dam Authority

192 Okla. 693 · Supreme Court of Oklahoma · Apr 27, 1943

S. 1941 §§ 1-83, supra, against Grand-Hydro and others, seeking an adjudication of the water rights of the parties to the waters of Spavinaw creek and to establish the city’s prior right thereto, and á like adjudication as … Grand-Hydro, 188 Okla. 506 , 111 P 2d 488 , “its transactions are akin to those of private enterprises, and the mere fact that it is an agency of the government does not extend to it the *700 immunity of the sovereign.”

City of Nichols Hills v. Hill

534 P.2d 931 · Supreme Court of Oklahoma · Mar 11, 1975

In the term ‘accidental injuries’, the substantive ‘injuries’ expresses the notion of a thing or event, that is, the wrong or damage done to the person, while ‘accidental’ qualifies and describes the noun by ascribing to … This evidence measured by factors declared to constitute accidental injury under Atkinson, supra, clearly establishes correctness of the finding claimant sustained accidental injury within meaning and intent of the Act, supra

O'DONOGHUE v. DOOLEY

2016 OK 110 · Supreme Court of Oklahoma · Oct 25, 2016

Schill, Property, 225 (6th ed. 2006). 1 The following narrative clearly demonstrates that Erin and David O'Donoghue's interests in the David L. … --The term "qualified terminable interest property" means property-- (I) which passes from the decedent, (II) in which the surviving spouse has a qualifying income interest for life, and (III) to which an election under this

NATIONAL AMERICAN INSUR. CO. v. NEW DOMINION

2021 OK 62 · Supreme Court of Oklahoma · Nov 23, 2021

The trial court's judgment will be sustained unless it is found to be clearly against the weight of the evidence or contrary to law or established principles of equity. Id . (citing McGinnity v. … Additionally, the parties agreed in that case that the lead qualified as a pollutant within the meaning of the policy. Id . ¶ 3 n.5, 55 P.3d at 1032 n.5.

Lawton Mill & Elevator Co. v. Farmers & Merchants Bank of Cincinnati

109 Okla. 291 · Supreme Court of Oklahoma · Feb 3, 1925

Company as to the cost of the mill at that time was not signed by anyone, and' the authenticity of the letter offered in evidence does not appear to have been established. … The testimony of the appraisers and other qualified witnesses with respect to the fair market value of the property at the time the appraisement was made shows, we think, very clearly, that the action of the court in sustaining

Foster's Florist v. Jackson

997 P.2d 843 · Supreme Court of Oklahoma · Feb 8, 2000

Parks clarified the law relating to the standard of review to be applied when corrective review is sought in the appellate courts from a three-judge panel order altering the factual findings of the trial judge. 16 Parks established … Parks involved a terminal panel order which denied compensation and accordingly was clearly subject to appellate-court review. . Parks v. Norman Municipal Hospital, 684 P.2d at 550-551 . .Hermetics Switch, Inc. v.

Security Nat. Bank v. Truscon Steel Co.

92 Okla. 81 · Supreme Court of Oklahoma · Jul 10, 1923

A receiver was appointed on September 8, 1919, and qualified on September 9, 1919. … That case, we think, is clearly not in point.

Pelican Production Corp. v. Mize

573 P.2d 703 · Supreme Court of Oklahoma · Nov 29, 1977

It consists of the testimony of seven witnesses, most of whom qualified as experts in their particular fields, and documentary exhibits. Pelican presented the testimony of Mr. … We therefore hold that the judgment of the trial court refusing to grant the vari- *707 anee is clearly against the weight of the evidence.