Disability is an impairment that may be cognitive, developmental, intellectual, ...
Court of Civil Appeals of Oklahoma Court Cases
Sutton v. Jondahl (1975)
Landlords' fire insurance carrier sued a tenant and his 10-year-old son (in the name of the property owners) to recover a $2,382.57 fire loss. A jury returned a verdict favoring the insurance company against only the father. From a judgment on the verdict the father appeals claiming it resulted from some fatal judicial mistakes two instructional and one evidentiary. We agree and reverse for a new trial.
Court: Court of Civil Appeals of Oklahoma Docket: 46662
The central question in this appeal is whether District Court Rule 4(e), 12 O.S. Supp. 1986, ch. 2, app., requires that summary judgment be granted to a movant when the opposing party does not file a brief in opposition. We hold that it does not and reverse.
Court: Court of Civil Appeals of Oklahoma Docket: 65847
Henderson v. State (1951)The plaintiff in error, Inzion Henderson, defendant below, was charged by information in the district court of Tulsa county, Oklahoma, with the crime of rape in the first degree, allegedly committed on the night of September 16, 1948, on the outskirts of Tulsa. The information in substance alleged that the crime was committed upon the person of Mrs. Eleanor Nelson by means of force and fear, the defendant threatening to kill Mrs. Nelson and thus overcoming all resistance on the part of the said [...]
Court: Court of Civil Appeals of Oklahoma Docket: A-11293
Appellant/counter-appellee Jackson National Life Insurance (Appellant or Insurer) seeks review of judgment entered on jury verdict for Appellees/counter-appellants City National Bank and Trust, Melba Jean Hinchey and Patricia Ann Cook (Appellees or Beneficiaries). Appellees/counter-appellants seek review of the Trial Court's sustention of Insurer's demurrer to Appellee's evidence of bad faith breach of insurance contract, denial of attorney fees and assessment of interest.
Court: Court of Civil Appeals of Oklahoma Docket: 72189
Lindhorst v. Wright (1980)The Lindhorsts acquired title to land situated in Mayes County, Oklahoma, in August of 1972. In addition to fee simple title to the NW/4 of SW/4 of Section 14, their general warranty deed granted them a "perpetual right of ingress and egress on and across the easterly 40 feet of the SW/4 of the SW/4 of Section 14." At the time of purchase, the grantor established a roadway by grading a path through the 40 foot strip. The Lindhorsts made some improvements thereon and used the roadway as their [...]
Court: Court of Civil Appeals of Oklahoma Docket: 52191
Johnson v. Nasca (1990)
Appellant Lucy Johnson contends the trial court erred in granting Appellees' motion for summary judgment in her action alleging breach of contract, tortious breach of contract, and tortious interference with employment and contractual relations. It is undisputed Johnson was summarily terminated as a Program Director on June 30, 1987, without prior notice of any deficiency in her job performance.
Court: Court of Civil Appeals of Oklahoma Docket: 71157
Plaintiffs appeal from the trial court's grant of summary judgment to Defendant, OXY USA, Inc. (OXY), in this action for alleged pollution of groundwater by OXY's operation of oil and gas wells on or near Plaintiffs' property. Plaintiffs also seek review of the trial court's ruling dismissing the general partners of N.C. Corff Partnership, Ltd. (Partnership) as parties to the case. We reverse and remand.
Court: Court of Civil Appeals of Oklahoma Docket: 86604, 86605
Plaintiff appeals from the trial court's order which sustained Defendant's motion for summary judgment and dismissed her lawsuit for false arrest. Having reviewed the record and applicable law, we affirm.
Court: Court of Civil Appeals of Oklahoma Docket: 69674
Trial court plaintiff, Tanae Taylor, appeals the trial court's denial of her motion for new trial following the grant of summary judgment in favor of defendant, Cache Creek Nursing Centers, in this action for retaliatory discharge from employment.
Court: Court of Civil Appeals of Oklahoma Docket: 83059
Fritts v. McKinne (1996)
Plaintiff appeals from judgment on jury verdict entered in favor of defendant in a medical negligence action. Defendant doctor has appealed from the order assessing costs. Based on our review of the record on appeal and applicable law, we reverse.
Court: Court of Civil Appeals of Oklahoma Docket: 86,146
Marquette v. Marquette (1984)
Jeff L. Marquette appeals trial court's orders of October 13, 1982, and November 19, 1982, restraining him from abusing, injuring, threatening or harassing his ex-wife, Julie M. Marquette. Trial court entered both orders under the Protection from Domestic Abuse Act, 22 O.S.Supp. 1983 § 60 et seq.
Court: Court of Civil Appeals of Oklahoma Docket: 59485
¶ 1 Plaintiff/Appellant, Tammy Brown ("Brown"), seeks review of an order granting summary judgment in favor of Defendants/Appellees, JJMA Investigations and Consultants ("JJMA") and Jody Cooper ("Cooper"). Defendant State Farm Fire and Casualty Company ("State Farm") issued an insurance policy on Brown's Henryetta, Oklahoma home covering loss due to fire. On March 17, 2000, and again on March 18, 2000, fires occurred at the property causing damage alleged to be in excess of $60,000.00. State [...]
Court: Court of Civil Appeals of Oklahoma Docket: 97,485
¶ 1 The Choctaw Nation (Nation) and Anthony Noah (Father) appeal the trial court's decision declining to vacate its order terminating Father's parental rights and finding the child (Child), referred to here as Baby Girl B., eligible for adoption without his consent. Nation also appeals the trial court's decision which denied Nation's Motion For Placement of Child. Upon review, this Court, affirms in part, reverses in part, vacates the order terminating Father's parental rights, and remands [...]
Court: Court of Civil Appeals of Oklahoma Docket: 96,985
An appeal by Premier Pontiac, Inc., a Corporation, defendant in the trial court, from a jury verdict in favor of Joan B. Sopkin for $400.00 actual damages and $7,100.00 exemplary damages, arising from a suit in conversion.
Court: Court of Civil Appeals of Oklahoma Docket: 47404
¶ 1. Appellant Debra Delong (Delong) seeks review of the trial court's order granting summary judgment to Appellee State of Oklahoma, ex rel. Oklahoma Department of Public Safety (State) in Delong's action to recover damages for alleged false arrest/imprisonment. In this appeal, Delong asserts, in essence, that insofar as she bases her claims on the lack of probable cause for her arrest, her nolo contendere pleas to charges arising from her alleged unlawful arrest do not preclude her from [...]
Court: Court of Civil Appeals of Oklahoma Docket: 89911
Moore v. Target Stores, Inc. (1977)
This appeal is brought by the defendants Target Stores, Inc., Retail Shrinkage Control Company and Jim Lanigan from a jury verdict in favor of the plaintiff Dorothy L. Moore. The jury awarded Mrs. Moore $15,000 actual damages and assessed $35,000 punitive damages against the defendants in an action alleging false arrest and imprisonment and also malicious prosecution.
Court: Court of Civil Appeals of Oklahoma Docket: 48520
In Re JS (2008)¶ 1 Robin Cobb a/k/a Robin Stephens (Mother) appeals a trial court order terminating her parental rights to the minor Indian children who are the subjects of this action, J.S. and M.C. The termination order was based on Mother's failure to correct the conditions which led to the children's deprived adjudication and their placement in foster care with the Department of Human Services (DHS) for 15 of the most recent 22 months preceding the filing of the petition to terminate by the State of [...]
Court: Court of Civil Appeals of Oklahoma Docket: 104,648
Conflict between jurisdiction of the Oklahoma Corporation Commission and the district courts of the State of Oklahoma has long been the subject of decisions of the Oklahoma Courts. In this action the trial court dismissed, for lack of subject matter jurisdiction, Appellant Pelican Production Company's action against Appellee Wishbone Oil and Gas, Inc. for conversion of hydrocarbons.
Court: Court of Civil Appeals of Oklahoma Docket: 65997, 65511
The opinion of the Court of Appeals, Division I, rendered in this case on July 29, 1986, as modified by the Supreme Court Order on certiorari dated December 16, 1987 is ADOPTED as the opinion of the Supreme Court.
Court: Court of Civil Appeals of Oklahoma Docket: 63664
Plaintiff, Joyce Copeland, and her husband brought this action alleging negligence of Lodging Enterprises, Inc., owner of a Days Inn Motel in Muskogee, and Appellee, Admiral Pest Control ("Admiral"). Copeland claims she sustained severe injuries and incurred medical expenses from a bite by a brown recluse spider while she was spending the night at the motel. She sought actual and punitive damages. She alleged Admiral took it upon itself, for a fee, to exterminate the premises she rented at the [...]
Court: Court of Civil Appeals of Oklahoma Docket: 87629