Case law

Allen v. Lenape Lure Co.

73 O.B.A.J. 2138 · Court of Civil Appeals of Oklahoma · Apr 26, 2002

Creek Nation, 1997 OK 41 , 986 P.2d 985 , 2 the panel found Claimant had failed to satisfy his burden of establishing First Nations' insurance premiums were calculated in part upon Claimant's salary. … He does not appeal the finding the Tribe is immune from suit.

Ford v. Tulsa Public Schools

405 P.3d 142 · Court of Civil Appeals of Oklahoma · Jul 27, 2017

of imparting notice of the claim and hold that although the notice given did not conform to the authorized procedures under the [Political Subdivision Torts Claims Act, 51 O.S. 1981 § 151 et seg.], it was sufficient to establish … As explained by the Oklahoma Supreme Court in a case cited by Shanbour : The [GTCA] adopted the common law doctrine of sovereign immunity and then partially waived the immunity....

Baptist Medical Center v. Pruett

70 O.B.A.J. 1477 · Court of Civil Appeals of Oklahoma · Nov 24, 1998

A review of the pertinent statutory sections leads to an affirmative answer to both questions. 4 ¶ 13 The CWMP was established as a pilot program that permitted employers to establish a “workplace medical plan for the management … The evidence here clearly substantiates the Workers’ Compensation Court’s conclusion that a dispute existed and began “no later than” the filing date of Claimant’s Form 9.

Tanique, Inc. v. State Ex Rel. Oklahoma Bureau of Narcotics & Dangerous Drugs

75 O.B.A.J. 2706 · Court of Civil Appeals of Oklahoma · Aug 31, 2004

The court noted that the Governmental Tort Claims Act affirmed the State's sovereign - immunity and waives such immunity only to the extent and in the manner provided in the Act. … The summary judgment was clearly proper on this cause of action as far as Mr.

Gaines v. State ex rel. Oklahoma Department of Corrections

70 O.B.A.J. 191 · Court of Civil Appeals of Oklahoma · Oct 20, 1998

Then, if the assumed facts establish a prima facie case, the order dismissing the suit will be reversed. … Likewise, Gaines’ defective design claim falls clearly within § 155(26). ¶ 7 Gaines argues that the exemptions deny him a remedy in either workers’ compensation law or in tort.

State ex rel. Macy v. Thirty Thousand Seven Hundred Eighty One Dollars & No/100 ($30,781.00)

65 O.B.A.J. 160 · Court of Civil Appeals of Oklahoma · Nov 2, 1993

This statement clearly contradicts State’s position that the money was intended to be used to purchase drugs. … The State’s eviden-tiary materials did not establish the absence of any controversy as to a material fact, and summary adjudication was inappropriate.

Angel v. Cornell Construction Co.

841 P.2d 1163 · Court of Civil Appeals of Oklahoma · May 26, 1992

In waiving the State’s sovereign immunity for torts in the Tort Claims Act, the legislature did not intend to make the State just another tortfeasor. It fashioned a special, specific rule of liability. … Where a claimant fails to pursue or establish the State’s liability pursuant to the Act, the State has no liability for any part of the claimant’s loss.

LARGEN v. WENCO ENERGY CORP.

2014 OK CIV APP 47 · Court of Civil Appeals of Oklahoma · Mar 21, 2014

That the means chosen by Defendant may not have been the safest, or that the Defendant would have been better advised to hire a professional mover is clearly open to debate. … Howard , 2010 OK 26, ¶10, 236 P.3d 82, 88. ¶15 That said, there is absolutely no proof or even inference that Defendant acted with a specific and deliberate intent to cause Decedent's death as to divest Defendant of the immunity

Sullivan v. State ex rel. Oklahoma Tax Commission

841 P.2d 619 · Court of Civil Appeals of Oklahoma · Jun 30, 1992

She predicates this conclusion on her affidavit evidence which she says establishes that: (1) “State employees are now worse off with the raising of the exemption lid” evidently referring to the severe reduction of the erstwhile … This court will take judicial notice that retirement benefits play a significant role in the recruitment and retention of qualified employees in both the public and private sectors.

PLUMLEY v. STATE

2017 OK CIV APP 26 · Court of Civil Appeals of Oklahoma · Apr 7, 2017

State asserted below that § 18 "establishes that a petitioner must meet one of twelve different qualifications before being entitled to petition the court for an expungement of criminal records[.]" … Clearly, Petitioner would not qualify for expungement under this particular provision until a much later date if the law in effect in July 2012 applied to this case.

Largen v. Wenco Energy Corp.

377 P.3d 1267 · Court of Civil Appeals of Oklahoma · Mar 21, 2014

That the means chosen by Defendant may not have been the safest, or that the Defendant would have been better advised to hire a professional mover is clearly open to debate. … T 15 That said, there is absolutely no proof or even inference that Defendant acted with a specific and deliberate intent to cause Decedent's death as to divest Defendant of the immunity afforded by amended § 12, No doubt

Trice v. Burress

137 P.3d 1253 · Court of Civil Appeals of Oklahoma · Apr 14, 2006

the Chureh's reasons and motives for terminating [parishioners'] membership" "require an impermissible inquiry into Church disciplinary matters," and that the First Amendment precludes a member's defamation "claim [which] clearly … In addition to the absolute immunity afforded by the First Amendment, a church or other religious organization ordinarily bears no tort liability for statements by or between church officers or members concerning the conduct

SWEETEN v. LAWSON

404 P.3d 885 · Court of Civil Appeals of Oklahoma · Sep 19, 2017

The GTCA applies to the tort claims aspects of [the plaintiffs] statutory replev-in remedy-and provides immunity. … According to the [municipality], the [Political Subdivision' Tort Claims] Act’s immunity provisions control ....

Schauf v. Geo Grp., Corp.

439 P.3d 442 · Court of Civil Appeals of Oklahoma · May 11, 2018

Section 19(A)(1) provides: In any civil action for negligence wherein the plaintiff shall be required to present the testimony of an expert witness to establish breach of the relevant standard of care and that such breach … expert, b. the plaintiff has obtained a written opinion from a qualified expert that clearly identifies the plaintiff and includes the determination of the expert that, based upon a review of the available material including

M.J.J. v. State

74 O.B.A.J. 1766 · Court of Civil Appeals of Oklahoma · Apr 4, 2003

After the children were adjudicated deprived, the trial court established a treatment plan proposed to correct the conditions which led to the adjudication. … We find this argument has no merit. 15 While § 1912(f) clearly establishes the trial court standard of proof for termination of parental rights under the ICWA, there is no duty thereunder for the court to express in its order

Harrington v. Certified Systems, Inc.

72 O.B.A.J. 1553 · Court of Civil Appeals of Oklahoma · Aug 1, 2000

Harrington with his exclusive remedy and provided them immunity from lability "at common law or otherwise." The oil developing defendants likewise successfully argued that they also had this immunity because Mr. … Harrington does not come pensation. within the excluded employments of § 2.1. 116 The cases that have recognized that an employee can sue an employer under § 178 where the Workers' Compensation Act has not provided coverage clearly

Hall v. Cherokee Nation

162 P.3d 979 · Court of Civil Appeals of Oklahoma · Apr 30, 2007

The Cherokee Nation asserted as its affirmative defenses: "denial of accidental injury; voluntary intoxication; assert sovereign immunity; deny jurisdiction." … The trial court further determined that it did not have jurisdiction over this claim and sustained Respondents' tribal sovereignty immunity defense.

ADECCO INC. v. Dollar

254 P.3d 729 · Court of Civil Appeals of Oklahoma · Mar 7, 2011

decision. 3 STANDARD OF REVIEW T9 Rulings concerning expert witness qualifications and the admissibility of expert testimony "rest in the discretion of the trial court, and a decision on them will not be disturbed unless it clearly … workers' compensation cases, in matters where-although the "probative value" of his opinion may have been challenged-his qualification as an "expert" to give that opinion was not raised. 20 The opinion that McClure submitted clearly

Marriage of McQuay v. McQuay

217 P.3d 162 · Court of Civil Appeals of Oklahoma · May 21, 2009

T8 "'Goodwill has been defined as the custom or patronage of any established trade or business; the benefit or advantage of having established a business and secured its patronage by the public." Freeling v. … If market value cannot be established by an *164 actual arms-length sale, then proof from similar sales in the vicinity can be used to establish market value.

Bryson v. OKL. CTY. EX REL. OKL. CTY. DETENTION CET.

261 P.3d 627 · Court of Civil Appeals of Oklahoma · Jun 30, 2011

City of Oklahoma City, 2009 OK 4, ¶ 20 , 212 P.3d 1158 , 1167: To construe § 155(4) as providing blanket immunity to political subdivisions for any claim arising from law enforcement would not conform to established precedent … Although the Fourth Amendment is made applicable to the states through the Fourteenth Amendment, the United States Supreme Court clearly established in Graham that the Fourth Amendment is the substantive law providing a basis