Case law

Washington v. Anderson Wholesale

996 P.2d 497 · Court of Civil Appeals of Oklahoma · Dec 3, 1999

This analysis is also clearly consistent with the prece-dential definition of “accidental injury” employed by the Workers’ Compensation Court. See, City of Nichols Hills v. … was “in the course of” her employment. -5.- THAT "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

Luper v. Black Dispatch Publishing Co.

675 P.2d 1028 · Court of Civil Appeals of Oklahoma · Jan 16, 1984

Although failure to investigate does not in itself establish bad faith, the St. … We believe the trial court clearly erred in its judgment. After the first publication, unlike the defendant in St. Amant v.

SWAIN v. UNITED AUTOMOBILE INSURANCE CO.

2024 OK CIV APP 15 · Court of Civil Appeals of Oklahoma · Dec 21, 2023

Swain, we further conclude that under long-standing, well-established Oklahoma jurisprudence, Ms. … Swain states: United asserts that every bad faith action based on a third-party claim requires an excess verdict or "qualifying" financial loss.

Brooks Ex Rel. Byus v. Woods

640 P.2d 1000 · Court of Civil Appeals of Oklahoma · Jan 15, 1982

In this instance Plaintiff generally alleged: (1) the bus stop was established and designated by School District; (2) it is unreasonably dangerous being located immediately adjacent to an un-curbed, five-lane main traffic … The record does not disclose which element of the cause of action was found by the court to be defective, but because the elements of negligence and injury are clearly and specifically pled and may not be resolved except

Leake Estate v. Oklahoma Tax Commission

891 P.2d 1299 · Court of Civil Appeals of Oklahoma · Nov 8, 1994

it, unless it clearly appears to have been intended to apply to some other matter. … The proviso added by the 1989 amendment qualifies the matter immediately preceding it: interest. Commission has pointed to no other “penalty” established in this or any other section, to which the proviso could apply.

Kennedy v. City of Talihina

265 P.3d 757 · Court of Civil Appeals of Oklahoma · Aug 10, 2011

However, in certain cireum-stances, the State has waived its sovereign immunity. … The GTCA establishes a notice procedure by which governmental entities are provided the opportunity to investigate and resolve claims prior to litigation.

MERITOR, INC. v. STATE ex rel. BD. OF REGENTS OF UNIVERSITY OF OKLA.

2019 OK CIV APP 64 · Court of Civil Appeals of Oklahoma · Sep 27, 2019

whether the trial court abused its discretion in making its decision. . . . " Under an abuse of discretion standard, the appellate court examines the evidence in the record and reverses only if the trial court's decision is clearly … Whether its immunity from discovery is absolute or qualified, a protected document cannot be said to be subject to "routine" disclosure.

Peters v. American Income Life Insurance Co.

74 O.B.A.J. 2106 · Court of Civil Appeals of Oklahoma · Jun 4, 2002

Again, under this standard, Peters' evidence was sufficient to establish the existence of contracts of insurance with initial premiums paid and that the insurance contract proceeds were not paid despite a qualifying event … establish they were not paid. 8 .

Martinez v. State Ex Rel. Department of Public Safety

321 P.3d 991 · Court of Civil Appeals of Oklahoma · Nov 5, 2013

It establishes only the pri-ma facie case for revocation. … This claim is possibly better described as one pursuant to 47 O.S.2011 § 756(C), which states, "To be admissible in a proceeding, the evidence must first be qualified by establishing that the test was administered to the

Marriage of Finkenstaedt v. Finkenstaedt

352 P.3d 1266 · Court of Civil Appeals of Oklahoma · Nov 19, 2014

Based on the evidence presented at trial, we conclude Wife has neither demonstrated an abuse of discretion nor that the trial court's findings are clearly against the weight of the evidence. … The latter section applies to the admission of a "Corporate Member" as an additional member, which requires "all equity owners of the Corporate Member must be Qualified Members." .

Missouri Gas Energy v. Grant County Assessor

376 P.3d 923 · Court of Civil Appeals of Oklahoma · May 13, 2016

Appellees argued in their summary judgment motion that none of the gas allocated to MGE at the Webb storage facility qualified for the Freeport Exemption because natural gas in storage did not qualify as "goods, wares and … Water Resources Board, 1990 OK 121, ¶ 6 , 808 P.2d 1119 (setting forth general rule that statutory amendments are to be applied prospectively only unless the legislature clearly provides for retroactive application and stating

In the Matter of Estate of Fields

73 O.B.A.J. 428 · Court of Civil Appeals of Oklahoma · Dec 11, 2001

A document signed by Father, but which did not qualify as a last will, was discovered. … Jeffrey made no effort to establish Father's statements as a nuncupative will, 58 O.S.1991, 91 92; 84 O.S.1991, 51. 117 The findings and decree of the trial court are not clearly against the weight of the evidence.

Apache Fixtures v. Erby

66 O.B.A.J. 2583 · Court of Civil Appeals of Oklahoma · Mar 28, 1995

The Rist court’s opinion, and its fourth syllabus, seem to clearly contradict the law that Loffland purports the case establishes. … Claimant testified he was given $100.00 a week expenses for preaching in a temporary capacity for which he is not educationally qualified.

SMITH v. HAMMOND & ASSOCIATES

2015 OK CIV APP 73 · Court of Civil Appeals of Oklahoma · Sep 11, 2015

The alleged malpractice harm (loss of Smith's bankruptcy homestead exemption) and thus damage to Smith occurred when Hammond filed her bankruptcy before Smith had established two-year residency in Oklahoma to qualify for … Smith could not qualify for the exemptions.'" Citationizer © Summary of Documents Citing This Document Cite Name Level None Found.

Pardee v. Personal Representative for the Estate of Pardee

76 O.B.A.J. 1248 · Court of Civil Appeals of Oklahoma · Aug 31, 2004

The ex-wife asked the court to establish a constructive trust in the funds. … Other statutory schemes, including the Social Security Act, clearly protect benefits after their receipt. .Congress did not include such expansive language in ERISA.

Bird Construction Co. v. Oklahoma City Housing Authority

76 O.B.A.J. 750 · Court of Civil Appeals of Oklahoma · Sep 7, 2004

This, however, did not qualify as an action to recover for labor or services. … This governmental immunity offends neither Oklahoma’s constitution nor the United States Constitution. Griggs v. State ex rel. Okla.

Wheat v. State Ex Rel. Tulsa County District Attorney

241 P.3d 1150 · Court of Civil Appeals of Oklahoma · Jun 30, 2010

. ¶3 Wheat asserted she had been replaced "by a less qualified younger male," and attempted to pursue a tort claim for age discrimination under the Oklahoma Governmental Tort Claims Act (GTCA). … Wheat's employment status is clearly different than that of the plaintiff in Dixon, who was hired one semester at a time, and, thus, was not an at-will employee. 6 Wheat was clearly hired for an indefinite period, and was

BENTLEY v. KIRK

348 P.3d 1112 · Court of Civil Appeals of Oklahoma · Apr 8, 2015

Kirk is indeed an employee of Hospital, the established standards and procedures of summary judgment may not be circumvented by "converting" a motion to dismiss into a motion for summary judgment. … Did the Legislature intend to completely immunize such acts? We find no apparent service of a 'public purpose in such a restriction. 6 . Plaintiffs' petition alleged ghat Dr.

Special Indemnity Fund v. Davis

68 O.B.A.J. 71 · Court of Civil Appeals of Oklahoma · Nov 26, 1996

By eliminating the express requirement that the qualifying pre-existing disability be one that is “previously ... adjudged and determined,” the legislature has indicated that the time at which the pre-existing disability … It is sufficient to note that the open and obvious character of the condition was established by Claimant’s testimony about the pain, cramps and difficulty he had in walking, his wife’s testimony that he walked with a “shuffle

Clem v. Leedey Public Works Authority ex rel. Leedey Nursing Center

74 O.B.A.J. 3160 · Court of Civil Appeals of Oklahoma · Sep 19, 2003

T2 The Act provides that the State of Oklahoma and its political subdivisions are immune from liability for torts, except in cases where that immunity is waived to the extent and manner provided in the Act. 51 0.8.2001 § … Because the Act clearly provides for a time for giving notice, but equally clearly provides that an action must be filed within 180 days of the date of denial, it is unreasonable to conclude that the 180 day period runs from