The name of a rule that is used when an ejectment suit, one that obtains possession ...
Supreme Court of Oklahoma Court Cases
Burk v. K-Mart Corp. (1989)
Horning, Johnson, Grove, Moore & Hulett by James R. Moore and William C. Isbell, Oklahoma City, for amicus curiae Oklahoma State Lodge Fraternal Order of Police Professional Fire Fighters of Oklahoma.
Court: Supreme Court of Oklahoma Docket: 67785
The issue for us in this case is the present and the future of products liability litigation in Oklahoma. Much we do in this case may set the pattern of such litigation in Oklahoma and may determine whether this young, vigorous and progressive State shall now meet the challenge of the mass advertising of today, its hypnosis, and the pace and flow of the economics of the late twentieth century. Most of us were born in the waning days of the use of either animal or steam power and today we find [...]
Court: Supreme Court of Oklahoma Docket: 45016
The questions presented are 1) whether a worker who obtains medical treatment from a physician provided by the employer at the job situs has instituted proceedings under 85 O.S. 1981 § 5, thus triggering the threshold requisites for stating a prima facie case for retaliatory discharge, and; 2) whether either of the parties complied with 12 O.S.Supp. 1985 Ch. 2, App., District Court Rule 13. We find that: 1) because the term institution of proceedings is broader than the term filing or [...]
Court: Supreme Court of Oklahoma Docket: 65197
This appeal by the City of Oklahoma City arises from an order fixing the amount of attorney's fees to be paid from a common, equitable fund created for the City through the efforts of attorneys for named appellees. A history of this litigation and authority of the trial court to award attorney fees from the equitable fund is found in State ex rel. Burk et al. v. City of Oklahoma City et al., Okl., 522 P.2d 612 (1974). See, also State ex rel. Burk et al. v. City of Oklahoma City, Okl., 556 P.2d [...]
Court: Supreme Court of Oklahoma Docket: 50794
Carmichael v. Beller (1996)We hold that a malpractice suit against a doctor and clinic for harm alleged to have occurred during treatment of a patient's right leg is not barred by a general release given to original tortfeasor(s) allegedly responsible for initially injuring the leg. Under the teachings of Moss v. City of Oklahoma City, 897 P.2d 280 (Okla.1995), to the extent the original tortfeasor(s), the doctor and clinic share a common liability for patient's injuries, 12 O.S.1991, § 832(H)(1), a part of the Uniform [...]
Court: Supreme Court of Oklahoma Docket: 81964
T.J. Sinclair, General Counsel, Saint Francis Hosp., Inc., and Jones, Givens, Gotcher, Doyle & Bogan, Inc. by Deryl L. Gotcher and Joan Godlove, Tulsa, for appellee Saint Francis Hosp., Inc.
Court: Supreme Court of Oklahoma Docket: 66636
Hinson v. Cameron (1987)
Two questions are presented on certiorari:  Did an at-will employee, dismissed for her failure to perform an assigned duty, state a cause of action in tort for wrongful discharge from employment? and  Did the employee manual alter an at will relationship? between the plaintiff and her employer? We answer both questions in the negative and reinstate the trial court's summary judgment for the defendants.
Court: Supreme Court of Oklahoma Docket: 64159
This appeal in a medical malpractice case presents two questions:  Was the plaintiff's evidence sufficient to withstand the surgeon's demurrer? and  Was there prejudicial error in allowing an additional set of three peremptory jury challenges to multiple defendants whose respective posture, vis-a-vis each other, was not shown to be in a state of "serious" conflict? We hold that (a) the surgeon's demurrer was properly sustained, and (b) prejudice to the plaintiff is to be presumed from [...]
Court: Supreme Court of Oklahoma Docket: 49608
Dodson v. St. Paul Ins. Co. (1991)
Appellant, St. Paul Insurance Company, (Insurer), appeals from summary judgment of liability under a Comprehensive General Liability Insurance Coverage Form-Board Policy (CGLI), issued to appellee Dodson Construction Company, and the resultant jury award of actual and punitive damages. The district court also ordered Insurer to pay Dodson's attorneys fees and cost of this action. We reverse.
Court: Supreme Court of Oklahoma Docket: 68832
Pursuant to the Uniform Certification of Questions of Law Act, 20 O.S. 1981 §§ 1601 et seq., the United States District Court for the Western District of Oklahoma certified for this court's answer the following question:
Court: Supreme Court of Oklahoma Docket: 74863
The appellants, Royal Globe Insurance Company and David Sowards, bring this appeal from a jury verdict and subsequent judgment for the plaintiff, John D. Timmons, in the amount of $9,126.86 actual damages, $25,000 damages for mental pain and suffering, and three million dollars punitive damages.
Court: Supreme Court of Oklahoma Docket: 53638
The primary question presented by this appeal is whether under Oklahoma law an insurance company may be subjected to liability in tort for a willful, malicious and bad faith refusal to pay a valid insurance claim.
Court: Supreme Court of Oklahoma Docket: 48735
This is an action for damages for personal injuries sustained by appellee, David Fields (Fields), when his 1971 Volkswagen overturned while he was attempting to negotiate a left hand curve. Fields contends the steering wheel locked while he was driving and he was unable to keep the car on the road. The automobile was equipped with an ignition lock system that prevented the steering wheel from being turned while the ignition was off. It is alleged this system was faulty due to a defect in the [...]
Court: Supreme Court of Oklahoma Docket: 46805
Eddy v. Brown (1986)Appellant, Forrest E. Eddy [Eddy], sought to recover under two theories of liability actual and exemplary damages against his employer, Texaco Inc. [Texaco], his supervisor, John L. Brown, Jr. [Brown] and his foreman, Dallas D. Wilson, Jr. [Wilson], all of whom will be called collectively "employer," for the tort of outrage and invasion of privacy. Eddy's grievance under the outrage claim was that Texaco, acting through its agents, Brown and Wilson, engaged in a course of intentional [...]
Court: Supreme Court of Oklahoma Docket: 62086
Farmers Insurance Company contracted with the plaintiffs to provide coverage for injuries caused by underinsured motorists as defined in the Oklahoma Insurance Code. It appeals a large jury verdict rendered against it for actual and punitive damages based on the company's bad-faith failure to honor its contract. The company argues that it had a reasonable basis in fact and in law to delay or deny payment of the claim. It also challenges on appeal certain rulings of the trial court relating to [...]
Court: Supreme Court of Oklahoma Docket: 69344
Two issues are presented by the questions certified: 1) whether the doctrine of reasonable expectations applies to the construction of insurance contracts in Oklahoma; and 2) what circumstances give rise to the doctrine's operation. Under the reasonable expectations doctrine, the objectively reasonable expectations of applicants, insureds and intended beneficiaries concerning the terms of insurance contracts are honored even though painstaking study of the policy provisions might have [...]
Court: Supreme Court of Oklahoma Docket: 85860
This case arises out of a fire-insurance contract wherein the insurer refused to pay the policy limits for fire damage to the insured's house. The insured brought suit alleging breach of contract, tortious bad-faith handling of his claim, and oppression and malice on the part of the insurance company. He sought actual and punitive damages.
Court: Supreme Court of Oklahoma Docket: 53703
The issue on certiorari is whether in a landlord's suit to terminate a shopping center lease for failure of consideration based on the alleged breach of an implied covenant diligently to operate the business so as to trigger the percentage rental provisions the trial court erred in granting summary judgment for the tenant. We answer in the negative and vacate the Court of Appeals' opinion that reaches a contrary conclusion.
Court: Supreme Court of Oklahoma Docket: 59609
Uptegraft v. Home Ins. Co. (1983)
"Does an injured person, by failing to commence an action against an uninsured motorist tortfeasor within the time established by 12 Okla. Stat. 1981 § 95 Third, thereby discharge the injured person's insurer from liability upon its uninsured motorist insurance policy?"
Court: Supreme Court of Oklahoma Docket: 59699
Reynolds v. Porter (1988)The petitioner, a plaintiff in a medical malpractice action, challenges the constitutionality of the three-year proviso in 76 O.S. 1981 § 18 which limits the scope of recoverable damages when an action is brought more than three years from the date of the injury. She asserts that § 18 violates  the Equal Protection Clause of the U.S. Constitution by penalizing only victims of health care providers' malpractice without a corresponding penalty for victims of other tortfeasors;  Oklahoma's [...]
Court: Supreme Court of Oklahoma Docket: 60253