¶1 Eva June Crowell died following an acute asthma attack that she suffered while incarcerated in the Cleveland County Jail. At the time of the attack, jail personnel had possession of Ms. Crowell's inhaler. The personal representative of her estate has alleged that the jail personnel unnecessarily delayed furnishing Ms. Crowell the inhaler after being notified of her emergency need for it. The p... More...   $0 (01-26-2010 - OK)

¶1 The United States District Court for the Northern District of Oklahoma certified two first impression questions of Oklahoma law to this Court under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001 §§1601, et seq. The federal court asks:

"1. Whether, under Oklahoma Law, the term 'any insured' in an 'Auto Exclusion' clause of a commercial general liability policy ... More...   $0 (09-20-2005 - OK)

¶1 Plaintiff's penile implant failed and had to be surgically removed. He brought this products liability suit against the manufacturer. The jury reached a defendant's verdict and the plaintiff appeals, raising three issues for our resolution: (1) whether the jury was properly instructed on the law of "unavoidably unsafe products" as that rule appears in Comment k of the Restatement of Torts, (2)... More...   $0 (12-20-1994 - OK)

¶1 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.... More...   $0 (04-23-1974 - OK)

¶1 Michael Murphy (Husband) and Kyong Murphy (Wife) both appeal from the trial court's final decree in the dissolution proceeding filed by Wife, alleging errors with the trial court's property division. Husband's appeal addresses the trial court's failure to award him (1) an equitable share in the enhanced value of Wife's separate business, (2) a credit for joint funds used for her business, (3) ... More...   $0 (01-11-2010 - OK)

¶1 The petitioner, Jerry R. Fent, filed an application asking this Court to assume original jurisdiction and declare unconstitutional 28 O.S. Supp. 2008 § 152(D)(E) and (F) and 28 O. S. Supp. 2008 § 152.1(B), which require a portion of fees paid to the court clerks in civil actions to be credited to or deposited to non-judicial programs. Mr. Fent bases his standing to obtain relief upon his sta... More...   $0 (01-19-2010 - OK)

¶1 This appeal1 arises out of an insurance coverage dispute and insurance broker malpractice action. Plaintiff, Willbros USA, Inc. (Willbros), filed a Petition2 on July 27, 2007, against three defendants, Certain Underwriters at Lloyds of London (Lloyds),3 Arthur J. Gallagher & Co. of Oklahoma, Inc. (Gallagher), and JLT Risk Solutions, Limited (JLT), after certain excess claims liability insuranc... More...   $0 (10-22-2009 - OK)

¶1 Defendants, Merlen and Nancy Suttles, appeal the trial court's order granting Plaintiffs, Arnold and Wynema Johnson, an easement of necessity across Defendants' property to the upper portion of Plaintiffs' land. We affirm as modified herein.

BACKGROUND

¶2 In April 2006, Plaintiffs purchased a 75-acre tract of land located in Carter County, Oklahoma. The tract is located directly... More...   $0 (10-22-2009 - OK)

¶1 Nancy Lazelle (Plaintiff) appeals the trial court's order finding that the will executed by Leon Crabtree (Decedent) in Arizona on July 19, 2004, is valid in all respects. Based on a review of the record and applicable law, we affirm the decision of the trial court.

BACKGROUND

¶2 On May 9, 2006, Decedent died leaving five brothers and sisters. He left neither a surviving spouse ... More...   $0 (10-08-2009 - OK)

¶1 Krista O'Neal filed a claim in the Workers' Compensation Court against D&H Utilities Construction Company for compensation benefits as a result of the death of Jesus Chavez Olvera, (Decedent). She alleged therein she was the surviving common-law wife of Olvera.

¶2 During the course of the workers' compensation proceeding, Plaintiff herein, Jose Gonzalez, was appointed personal represen... More...   $0 (10-01-2009 - OK)

¶1 This appeal was filed by Cornel Henry Williams, Special Administrator of the Estate of Blaine Danielle Williams (Williams), from the trial court's order, filed August 19, 2008, granting his Motion to Reconsider, in which the trial court declined to disturb its order, filed July 8, 2008, granting summary judgment to Appellees New Beginnings Residential Care Home (New Beginnings) and Blue Sky Be... More...   $0 (10-01-2009 - OK)

¶1 Defendant/Appellant, Antonio L. Rosales, seeks review of the trial court's order in favor of Plaintiff/Appellee, Carts & Parts, Inc. (Carts & Parts), enjoining and prohibiting Appellant from using, selling and disposing of his real and personal property, of whatever kind and nature, including death proceeds from several life insurance policies insuring Appellant's wife, Kyrle W. Rosales. We re... More...   $0 (10-01-2009 - OK)

¶1 Appellant Jared William Jones was tried by jury and convicted of three counts of First Degree Malice Murder (Counts I, II, and III) (21 O.S.2001, § 701.7(A)), and two counts of Shooting with Intent to Kill (Counts IV and V) (21 O.S.2001, § 652), Case No. CF-2003-2046, in the District Court of Oklahoma County. In Count I, the murder of Pamela Karr, the jury found the presence of one aggravati... More...   $0 (01-21-2009 - OK)

Defendant New Horizons Inc. (New Horizons) operated nine long-term-care facilities for mentally retarded adults in Oklahoma, and four in Texas, known as Intensive Care Facilities for the Mentally Retarded (ICF/MR).1 It employed Sara Lacy as a case manager and Qualified Mental Retardation Professional from June 1999 to June 2004. After New Horizons terminated her employment, she brought this action... More...   $0 (10-09-2009 - OK)

¶1 The first impression issue in this case is whether a certified nurse aide's photocopying a resident's medication record and releasing it to the Equal Employment Opportunity Commission (EEOC) requires the Oklahoma State Health Department (the Department) to make a finding of misappropriation of a resident's property and place the finding on the Oklahoma Nurse Aide Registry pursuant to title 42,... More...   $0 (09-15-2009 - OK)

¶1 On December 29, 2008, this case was assigned to this office. This is a negligent maintenance and construction action initiated by a tenant against her landlord and a contractor after the tenant fell from her second story balcony due to a defectively installed balcony railing. The district court granted the landlord's and contractor's motions for summary judgment based on the traditional common... More...   $0 (06-30-2009 - OK)

Steven M. Gilliland, et al. sued Steven Blaine Katsis, M.D. and Surgical Associates, Inc. on medical negligence (medical malpractice) wrongful death theories for the death of Mary Elizabeth Gilliland.

The claims made and defenses asserted are not available.... More...   $0 (06-01-2009 - OK)

Raymond Lance Briggs sued the Oklahoma Department of Human Services and Youth Services of Eastern Oklahoma for the wrongful death of his daughter, Kelsey Smith-Rogers. He claimed that his daughter was killed by her mother and step-father who abused her physically and that Defendants failed to protect her from that abuse even though it was known to be occurring. Plaintiff alleged a "systemic failu... More...   $625000 (07-01-2009 - OK)

¶1 The question presented for review is whether the Court of Civil Appeals (COCA) erred when it affirmed the trial court's summary judgment for defendant/appellee by whose terms Texas law is applied to an insurer's uninsured/underinsured motorist (UM/UIM, hereafter called UM) liability coverage for a loss in a vehicular accident that occurred in Oklahoma. The insurance policy in question was writ... More...   $0 (05-12-2009 - OK)

This is an interlocutory appeal of the district court’s denial of a motion for a preliminary injunction. See Okla. ex rel. Edmondson v. Tyson Foods, Inc., No. 05-CV-329-GKF-SAJ, 2008 WL 4453098, at *1, *3 (N.D. Okla. Sept. 29, 2008).

The motion arose out of a 2005 complaint filed by Plaintiffs-Appellants (collectively referred to as Oklahoma) against Defendants-Appellees (collectively r... More...   $0 (05-13-2009 - OK)

Sandra Anne Peterson, individually and on behalf of the Estate of Ronald Ross Peterson sued Hillcrest Helathcare System, Hillcrest Riverside, Inc. d/b/a Tulsa Regional Medical Center, Inc., Osteopathic Founders Foundation, AHS Tulsa Regional Medical Center, LLC, Ardent Health Services, LLC, and Mark Drake, D.O. on a medical negligence theory (medical malpractice) for the wrongful death of Donald P... More...   $0 (04-24-2009 - OK)

Plaintiff-Appellant Ginger Martinez, individually and on behalf of the estate of her father, Kenneth Wayne Ginn, filed a 42 U.S.C. § 1983 action against the Board of County Commissioners of Cleveland County Oklahoma, Sheriff DeWayne Beggs, and Deputies Kevin Brandon, Tommy Edwards, David Epps, and Gilbert Kirkland alleging violations of the Fourteenth Amendment to the United States Constitution f... More...   $0 (04-21-2009 - OK)

This is an appeal from a final decision of the Secretary of Health and Human Services (Secretary), affirming a civil money penalty against Cox Retirement Properties, Inc., d/b/a The Cottage Extended Care (the Cottage), for noncompliance with certain Medicare regulations governing skilled-nursing facilities. We have jurisdiction under 42 U.S.C. § 1320a-7a(e), and we affirm.

The Cottage is a... More...   $0 (04-17-2009 - OK)

¶1 Defendant/Appellants, Rex Urice (Urice) and Bancfirst, seek review of the trial court's judgment in favor of Plaintiff/Appellee, Patricia Bowers Edwards (Edwards), individually and as next friend of her son, Robert Drew Bowers (Drew), on Edwards' claims to set aside for undue influence amendments her mother, Eloise Cooper Bowers (Bowers), made to The Eloise Cooper Bowers 1991 Trust (Bowers 199... More...   $0 (02-27-2009 - OK)

¶1 The United States District Court for the Northern District of Oklahoma, pursuant to the Revised Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1606, certified the question:

Does the appointment of a general guardian withdraw all of the assets from the estate of a ward subject to a durable power of attorney, such that the person holding power of attorney is without... More...   $0 (04-07-2009 - OK)

This case involves a dispute over the ownership of stock in a closely held corporation. The matter was decided on cross-motions for summary judgment, and Julian Kornfeld and Patsy D. Permenter, individually and as co-trustees of the Julian P. Kornfeld Revocable Trust, have appealed the district court’s judgment. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Julian K... More...   $0 (04-09-2009 - OK)

Mack Whittenburg was driving his pickup truck on the highway when he collided with a stalled tractor-trailer. Suffering a number of injuries, Mr. Whittenburg brought suit against Werner Enterprises, Inc., the trucking company, as well as Werner’s driver management company and the individual tractor-trailer drivers. The jury ultimately returned a verdict assessing the defendants’ negligence at ... More...   $0 (04-03-2009 - OK)

Roberta Stoops, Next of Kin of Phyllis Owens sued Eugene Owens on a negligence theory for the wrongful death of Phyllis Owens.

The claims made and defenses asserted are not available.... More...   $20326 (03-06-2009 - OK)

Limbusha Fields, as personal representative of the estate of Keontae Kevon Cole, deceased, Limbusha Fields, Individually and Keon Cole, individually sued Kristine M. Saunders, M.D., University Health Partners, The State of Oklahoma ex rel, The Board of Regents of the University of Oklahoma, and Kathryna Reilly, M.D., Rita Rankaja Raman, M.D., Andrianna Monica Brune, M.D.; and Hca Health Services I... More...   $0 (03-04-2009 - OK)

Plaintiff Allstate Insurance Company filed this declaratory judgment action seeking a determination of the amount it was required to pay under an automobile liability policy and an umbrella policy, with limits of $250,000 and $2,000,000, respectively, to defendants William Covalt and Loren Morgan, as personal representative of the estate of Mr. Covalt’s late wife, Linda. The district court took... More...   $0 (03-22-2009 - OK)

A number of Oklahoma businesses forbid their employees from bringing firearms onto company property. In March 2004, the Oklahoma legislature amended its laws to narrow the reach of such company policies. These new laws hold employers criminally liable for prohibiting employees from storing firearms in locked vehicles on company property. Various Oklahoma businesses subsequently filed suit seeking ... More...   $0 (02-18-2009 - OK)

Betty Jo Myers, The Estate of Eva Pearl Cole, Catherine Imogene Layer, Mary Delores Hernandez and Gelnda Ruth Burklin sued Glenpool Health Services, Inc. on a medical negligence (medical malpratcie) theory for the damages that they claimed as a result of the alleged wrongful death of Eva Pearl Cole. The claims made and defenses asserted are not available.... More...   $0 (01-26-2009 - OK)

¶1 Plaintiff Richard C. Barnett (Barnett) sued defendants Darryl K. Simmons and Paul A. Franks, individually and as partners doing business as Rock Oil Company (Rock Oil), seeking unpaid royalties on sales of oil allegedly owed to him by Rock Oil as operator of a well producing on the Osborn lease. Barnett alleged that he had been underpaid for royalties on the Osborn lease and that Rock Oil had ... More...   $0 (11-10-2008 - OK)

¶1 We are presented with this question of first impression: whether the assets of a revocable inter vivos trust are subject to the provisions of Oklahoma's pretermitted heir statute, 84 O.S.2001, §132. We are also presented with the question of whether, in a probate proceeding, notice must be given pursuant to title 58, section 240 of the Oklahoma Statutes before a court's order determinating he... More...   $0 (09-16-2008 - OK)

Defendant-Appellant General Electric Group Life Assurance Company (“GEâ€�) appeals from a summary judgment order obligating it to pay death benefits to Plaintiff-Appellee Larry Weber, the widower of Shelley Clark Weber. GE, the administrator and fiduciary of group insurance plans available to the employees of Winner Communications, Inc. (“Winnerâ€�), including Mrs. Weber, argues that Mrs. Webe... More...   $0 (09-15-2008 - OK)

¶1 The claimant, Bonnie Brooks (Claimant), appeals a decision of the Three Judge Panel of the Workers' Compensation Court in favor of Osage Drilling Company/Seismic Drilling (Employer) and its insurer, American Home Assurance, finding that she was not a surviving spouse of Roy Sanders, deceased.1

BACKGROUND

¶2 The parties have not materially disputed the facts pertinent to this... More...   $0 (07-10-2008 - OK)

Archie Taylor, the grandfather of Keenan Taylor, age 2, who was scalded to death by his father sued the Oklahoma Department of Human Services on a civil rights violation theory, 42 U.S.C. 1983, claiming that the state agency failed to protect Keenan from abuse by his father Despite reports of suspected abuse. Keenan Taylor died June 9, 2005, a day after he was burned by hot water over more than 50... More...   $160000 (08-18-2008 - OK)

Linda King, individually, and as personal representative of the Estate of Lavonna Neese, deceased, and as guardina of Colton Neese, a minor, and Jessica Neese, a minor, sued Integris Southwest Medical Center, Inc., J. Timothy Baldwin, M.D., Robert Frantz, M.D., Chad Borin, M.D., Beth May, D.O., Morningstar Emergency Physicians, Inc. on a medical negligence (medical malpractice) theory for the wron... More...   $1000000 (03-07-2008 - OK)

1 This matter arises from a fatal collision between a passenger car and a truck on a two-lane highway. Plaintiff Beverly Snyder, in her capacity as the mother of Terri LeAnn Stout, deceased, and the personal representative of her daughter's estate, appealed from the judgment on the jury's verdict in favor of Defendant Maldonado Onefre Dominguez, the driver of the truck. Having previously granted c... More...   $0 (06-14-2008 - OK)

1 Defendant Martin Sand & Gravel appeals the granting of a new trial, following a defendant's verdict, on the grounds that the jury received extraneous information that the plaintiff had received an insurance settlement. Plaintiff Forrest Ralph Graybeal, as Personal Representative of the Estate of Ruby Eileen Graybeal, counter-appeals the denial of a requested jury instruction and a motion for a d... More...   $0 (12-28-2007 - OK)