Case law

Pierce v. Ford Motor Co.

568 P.2d 645 · Court of Civil Appeals of Oklahoma · Jun 8, 1976

Taking the most favorable view of the plaintiffs’ evidence, the inference of negligence clearly ‘stands equiponder-ant at best’ with the contrary inferences relied upon by the defendant. … Plaintiff’s second proposition reads: “The trial court committed reversible error in refusing to qualify James W. Pierce as an expert and in excluding his testimony.”

Estate of Stuart v. State Ex Rel. Oklahoma Tax Commission

195 P.3d 1280 · Court of Civil Appeals of Oklahoma · May 23, 2008

Sub-paragraph (A)(7) requires the inclusion of partnership interests owned by a non-resident decedent if the partnership owns property that is "used in connection with any established business, having a business situs in … The Estate's argument relies on cases that are clearly distinguishable and ignores relevant Oklahoma law. 13 First, we do not deal here with "mere ownership."

NORTH STAR MUTUAL INSURANCE CO. v. ZIELNY

2024 OK CIV APP 11 · Court of Civil Appeals of Oklahoma · May 8, 2023

The summary judgment record establishes that the Zielnys had clearly filed the "proof of loss" required by the statute, and that they had done so on three occasions. … The qualifying language does not affect the finality of the district court's summary adjudications.

Elwood v. Associated Milk Producers, Inc.

547 P.2d 1315 · Court of Civil Appeals of Oklahoma · Oct 29, 1974

1971 temporary-base-establishing period. … This total eligible milk shall then be divided by 181 (total number of days in qualifying period, except 182 in leap years). This result shall then be multiplied by 70% to establish additional temporary base.

STATE ex rel. OKLA. BD. OF MEDICAL LICENSURE AND SUPERVISION v. GREGORY

2016 OK CIV APP 18 · Court of Civil Appeals of Oklahoma · Dec 30, 2015

"The rationale for this rule is that courts do not possess the specialized knowledge, training, experience or competency to substitute opinions for the judgment of qualified experts." … license voluntarily to halt the proceedings against him without requiring him to satisfy the statutory requirement to admit and describe his misconduct would render this requirement meaningless, in contravention of well-established

Matter of Estate of Fields

69 O.B.A.J. 3273 · Court of Civil Appeals of Oklahoma · Jul 31, 1998

us establishing the size of the “constitutional homestead” as selected by the Fieldses. … For purposes of this subsection, at least seventy-five percent (75%) of the total square foot area of the improvements for which a homestead exemption is claimed must be used as the principal residence in order to qualify

National American Insurance Co. v. Gerlicher Co.

260 P.3d 1279 · Court of Civil Appeals of Oklahoma · Sep 29, 2011

ANALYSIS T 9 Gerlicher and OK Lakes claim that the district court erred in granting summary judgment to NAICO, and identify these specific issues in their petition in error: (1) whether the damages they asserted against Pinion qualified … We will not impose coverage where the policy language clearly does not intend that a particular individual or risk should be covered.

CARNAHAN v. CHESAPEAKE OPERATING, INC.

347 P.3d 753 · Court of Civil Appeals of Oklahoma · Oct 28, 2014

by knowledge, skill, experience, training or education, rention, including pipelines. dering his gas migration opinion insufficient to establish causation. … Johnson, 2006 OK CIV APP 35, ¶ 27 , 134 P.3d 858, 866 , explains: Clearly, and in keeping with the limited jurisdiction of the Corporation Commission, the Oklahoma Supreme Court has recognized that the district courts of

Canadian River Land & Cattle Co. v. State ex rel. State Board of Agriculture

269 P.3d 40 · Court of Civil Appeals of Oklahoma · Oct 13, 2011

T7 On appeal, Canadian River argues: (1) The transfer of the CAFO license in this matter denies Canadian River the right to due process especially when there is no authority establishing that a CAFO license runs with the … The rationale for this rule is that courts do not possess the specialized knowledge, training, experience or competency to substitute opinions for the judgment of qualified experts. Tulsa Area Hospital Council v.

MATERIAL SERVICE CORP. v. TOWN OF FITZHUGH

343 P.3d 624 · Court of Civil Appeals of Oklahoma · Aug 14, 2014

C-04-121), 4 seeking to establish Town was not properly incorporated in 1985 and lacked authority to enact zoning ordinances. … (Emphasis added) ¶34 The Bankoff Court then considered two balancing of equities tests, the first described as being used by "most courts": While a landowner will not be immune from a zoning change if he has done nothing

Derrick v. State ex rel. Department of Public Safety

164 P.3d 250 · Court of Civil Appeals of Oklahoma · Jan 29, 2007

The performance of wet tests and the recording of test results is clearly within the regularly conducted business of a police department. - Justification for the public records and *253 reports exception is the assumption … copies of the [breathalyzer] operational checklist, of the approved methods filed by the state toxicologist with the clerk of district court, and of records showing that the device was approved and that the operator was qualified

Lively v. Ijam, Inc.

76 O.B.A.J. 1310 · Court of Civil Appeals of Oklahoma · Apr 19, 2005

However, because this is a small claims action, the record is sparse, and we cannot definitively determine if Lively qualifies as a merchant. … At one end of the scale is a defendant who clearly does business over the internet through a commercial website.

OPY I, L.L.C. v. FIRST AMERICAN TITLE INSURANCE CO., INC.

350 P.3d 163 · Court of Civil Appeals of Oklahoma · Dec 19, 2014

The directive does not include any qualifying or limiting language. … Fidelity and Guaranty Co. , 1996 OK 28 , 912 P.2d 861 . 11 Here, the terms of the policy are not ambiguous and clearly establish Defendant has the right, but not the duty, to take whatever affirmative action it may deem necessary

Velma-Alma Independent School District No. 15 v. Texaco, Inc.

162 P.3d 238 · Court of Civil Appeals of Oklahoma · Feb 23, 2007

. €10 The Tenth Cireuit Court of Appeals then noted that under that rule, only two of the objectors qualified as parties having the right to appeal. … Prac. & Proc. § 1797.1 ("Only clearly presented objections ... will be considered.").; 2 Newberg on Class Actions 3d, § 11.58 ("General objections without factual or legal substantiation carry little weight."); Sunrise Toyota

Bosworth v. Parks

342 P.3d 62 · Court of Civil Appeals of Oklahoma · Dec 11, 2014

The subsequent two clauses upon which appellants seek to establish their rights were vague, ambiguous and indistinct. … The Will clearly left the residue of Decedent's estate, including the mineral interests, to Stephenie Parks, as the trial court so found.

Stephenson v. Oneok Resources Co.

75 O.B.A.J. 3042 · Court of Civil Appeals of Oklahoma · May 21, 2004

Operator objected, arguing the Oklahoma Supreme Court had recently adopted Dawbert 4 requiring a person to be qualified before testifying as an expert. … If the parties used technical words, they should be interpreted in the way that they are usually understood by persons in the business in which they are used, unless clearly used in a different sense.

Lane v. State

265 P.3d 764 · Court of Civil Appeals of Oklahoma · Sep 14, 2011

have proved unsuccessful," § 1912(d); and (2) "No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified … Instead, the Supreme Court has adopted a construction of the ICWA designed to achieve clearly expressed Congressional policy, even where that construction results in the curtailment of state authority.

TRUETT v. FREEDOM LEAF

495 P.3d 153 · Court of Civil Appeals of Oklahoma · Apr 19, 2021

Cornwell ("Cornwell") as receiver, including findings that Cornwell "is well qualified and experienced, holds no interests or claims against [Freedom Leaf], or any related parties, [and] is a disinterested person." … The trial court's Order Appointing Receiver did not, however, establish that the trial court inquired into Cornwell's qualifications to operate Freedom Leaf's stores in accordance with 12 O.S. § 1560 (explaining that a "receiver

WISHON v. HAMMOND

538 P.3d 1197 · Court of Civil Appeals of Oklahoma · Oct 26, 2022

Further, even if one could assume that all littermates of an aggressive animal will be likewise aggressive--an assumption unsupported by any evidence of record--that connection has clearly not been established here. ¶17 Wishon … The record contains no testimony of a qualified expert or other competent evidence suggesting that one should reasonably assume by breed alone that every pit bull/mastiff mix is aggressive.

TAYLOR v. CITY OF BIXBY

415 P.3d 537 · Court of Civil Appeals of Oklahoma · May 1, 2017

The City is immune from prosecution pursuant to the Governmental Tort Claims Act regarding the operation of its jail. See 51 O.S.2011 § 155(25). … Article 2 §§ 19 and 20 ¶16 The right to counsel and a trial by jury in criminal proceedings is firmly established in this State.