¶1 Under the accelerated procedure for summary judgments,1 Appellants Justin B. Keeler and Jill S. Keeler (Keelers, collectively) appeal the trial court's December 2, 2008, order that granted Appellee GMAC Global Relocation Services' (GMAC) motion for summary judgment. Keelers complain that they purchased a residence from GMAC that had termite damage, as well as pool, hot tub, and guttering leaks... More...   $0 (10-16-2009 - 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 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 Respondent, Larry Cooper (Husband), appeals the trial court's denial of his motion to vacate a decree of divorce. We reverse and remand with directions.

FACTS

¶2 Husband and Petitioner, Rhonda Cooper (Wife), were divorced in 2006 by an agreed decree of divorce. The decree distributed the marital property by awarding the marital home, marital business, several mobile homes, v... More...   $0 (09-24-2009 - 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)

Plaintiffs-appellants appeal from the judgment of the district court in favor of defendants-appellees in this personal injury case. Jurisdiction in the district court was based on diversity of citizenship, 28 U.S.C. § 1332, and this court has jurisdiction under 28 U.S.C. § 1291 because the district court entered final judgment on all claims as to all parties. The district court entered final jud... More...   $0 (06-01-2009 - OK)

¶1 Plaintiff/Appellant Douglas Kennedy (Employee or Plaintiff) seeks review of the trial court's order granting the motion for summary judgment of Defendant/Appellee Builders Warehouse, Inc. (Employer or Defendant) on Plaintiff's claim for alleged wrongful termination of his employment. Plaintiff asserts there exists a controversy of material facts upon which reasonable people might reach differe... More...   $0 (04-02-2009 - OK)

¶1 Appellants David Allen Tull and Aaron Michael Harness appeal from an order of the trial court upon jury verdict granting judgment in favor of Appellees Federal Express Corporation (FedEx) and Bennie Joe Stowers, III (Stowers). The primary issue on appeal is whether the trial court abused its discretion when it allowed Appellees to show the jury a computer animation portraying the accident at i... More...   $0 (12-05-2008 - 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 dispositive issue before us is whether the trial court erroneously granted summary judgment to the defendants in this premises liability action. We answer in the negative. We find the evidence provides undisputed proof of the open and obvious condition of the premises, supporting but a single inference that favors nonliability of the defendants based on absence of duty to the plaintiffs. We ... More...   $0 (05-13-2008 - OK)

Defendant-Appellant Steve Brooks, the Undersheriff of Garvin County, Oklahoma, appeals the district court's decision denying him qualified immunity on Plaintiff-Appellee Dana L. Price-Cornelison's two constitutional claims that Brooks failed to enforce Price-Cornelison's protective orders because she is a lesbian victim of domestic violence. Price-Cornelison specifically alleged that, in refu... More...   $0 (05-12-2008 - OK)

... More...   $0 (02-27-2008 - OK)

1 Grand Lake Marina, Ltd, d/b/a Marinas International, a/k/a Harbors View Marina (HVM) appeals a trial court order granting summary judgment in favor of the Grand Lake River Authority (GRDA) on HVM's petition seeking, inter alia, a declaratory judgment that its dock facilities comply with all state and federal rules, regulations, and orders applicable to HVM's commercial dock permit. Based on... More...   $0 (01-11-2008 - OK)

Defendant Elaine Wheat sued Shane Clark in Oklahoma state court after Mr. Clark shot her at her home. At the time of the shooting, plaintiff Shelter Mutual Insurance Company (Shelter) insured Mr. Clark under a homeowners insurance policy that included personal liability coverage. Shelter subsequently brought this action in federal district court seeking a declaratory judgment that Ms. Whea... More...   $0 (01-09-2008 - OK)

Plaintiff-Appellant David Earl Shero appeals from the district court's grant of qualified immunity to Defendants-Appellees Dorothy Parker (city attorney), William Galletly (city manager), and Ivonne Buzzard (city clerk) (collectively "City employees"). He also appeals from the grant of summary judgment in favor of Defendant-Appellee City of Grove, Oklahoma ("the City"). The district court... More...   $0 (12-20-2007 - OK)

1 Petitioners seek extraordinary relief because the order of the trial court requires the attendance of Cecil Van Tuyl and Larry Van Tuyl for depositions via notice to petitioners' counsel, although the named individuals are not named parties. Cecil was noticed to appear in Overland Park, Kansas, and Larry in Phoenix, Arizona. The notices are directed to the named petitioners and specify the na... More...   $0 (10-09-2007 - OK)

1 Defendants represented Plaintiff in a negligence action involving a 1997 automobile accident. The accident involved a vehicle owned by Accurate Auto Sales and driven by Nathan Hostetler, the sole owner of Accurate. The insurer for Accurate accepted liability. Plaintiff settled the action in exchange for payment of the policy limit of Accurate's insurer. The settlement agreement clearly stated... More...   $0 (06-28-2007 - OK)

Defendant-Appellant Dr. Mike Crutcher, sued in his official capacity as the Commissioner of Health (hereinafter referred to as "Oklahoma State Department of Health ('OSDH')") appeals a district court judgment that a state law barring recognition of adoptions by same-sex couples already finalized in another state is unconstitutional. OSDH also appeals the district court's order requiring it to... More...   $0 (08-07-2007 - OK)

... More...   $0 (07-19-2007 - OK)

On May 4, 2002, Krystle Rogers was killed and her passengers--James Brad Dooley, Tiffany Harper, and Anna Christine Harper--were injured when her vehicle collided with one driven by Randall Albright, III, who was intoxicated. Dan and Sherri Rogers (Krystle's parents and the personal representatives of her estate) and the passengers (collectively, Plaintiffs) filed suit on February 12, 2004, in ... More...   $0 (06-30-2007 - OK)

On August 26, 1999, Defendant Knox Glass Company (Knox), with the assistance of Plaintiff Otis Elevator Company (Otis), attempted to transport a large piece of glass on top of an elevator car ("a car top move") in a building owned and managed by MRO Southwest (MRO).(1) During the transport, the glass broke, injuring Raymond Atkinson, a Knox employee. Atkinson sued Otis, claiming its negligence... More...   $0 (04-24-2007 - OK)

In this diversity action, Plaintiff-Appellant Legacy Crossing, LLC ("Legacy Crossing") appeals from the district court's grant of summary judgment in favor of Defendant-Appellee Travis Wolff & Company, LLP ("TWC"). The district court held that Legacy Crossing's state law claims against TWC for fraud, negligence/professional malpractice, and violation of the Oklahoma Consumer Protection Act were... More...   $0 (04-09-2007 - OK)

Plaintiff Christian Heritage Academy ("Christian Heritage") filed this action pursuant to 42 U.S.C. § 1983 claiming, in pertinent part, that defendant Oklahoma Secondary School Activity Association's ("OSSAA's") membership requirements for nonpublic schools violated the Equal Protection Clause. The district court granted summary judgment in favor of OSSAA. Christian Heritage now appeals from th... More...   $0 (04-17-2007 - OK)

Plaintiffs-Appellants Robert Showler and Johnny Davidson filed this suit against Defendants-Appellees Harper's Magazine Foundation ("Harper's") and Peter Turnley, alleging they committed various torts when Mr. Turnley took photographs of Sergeant Kyle Brinlee's open casket at his funeral, and when Harper's published, promoted and sold the photographs. The district court granted summary judgment... More...   $0 (03-28-2007 - OK)

Mr. Cooper started working for American in 1986 at its Tulsa, Oklahoma, maintenance base and describes himself as "a member of American's black minority work force." Aplt. Opening Br. at 1, ... More...   $0 (01-25-2007 - OK)

All parties agree that on January 16, 2003, Plaintiffs= decedent, Tyler Moody, w... More...   $15000000 (11-21-2006 - OK)

While hospitalized for multiple gunshot wounds, the appellant, Stephen Gaines (Gaines/patient), developed decubitus ulcers (bedsores). The patient filed a medical malpractice suit against his doctor and the appellees, Comanche County Medical Hospital (hospital) and Nursefinders, Inc. (Nursefinders). After the doctor was dismissed from the cause, the hospital and Nursefinders moved for summary judg... More...   $0 (09-11-2006 - OK)

1 The principal issues before this Court are: (1) whether the exercise of in personam jurisdiction over the non-resident defendants violates due process, (2) whether the trial court erred in submitting to the jury and instructing the jury on the issue of alter-ego liability, (3) whether title 23, section 9.1 of the Oklahoma Statutes is unconstitutional, and (4) if not, whether the punitive dama... More...   $0 (07-26-2006 - OK)

Callie Escue, formerly a student at Northern Oklahoma College (NOC), alleges that Richard Finton, her professor in spring 2002, sexually harassed her, and that NOC failed to supervise and investigate adequately Mr. Finton in this, and other prior incidents. The district court granted NOC's motion for summary judgment, and a jury found in favor of Mr. Finton. Here, Ms. Escue appeals the district... More...   $0 (06-16-2006 - OK)

Second-grade teacher Linda K. Greenshields became embroiled in a conflict with the Stillwater School District ("Stillwater") after Stillwater began requiring teachers to use "learning modules" for science instruction. After a protracted dispute, the Stillwater Board of Education ("Board") voted not to reemploy Greenshiel Greenshields brought suit under 42 U.S.C. § 1983, claiming Stillwater had ... More...   $0 (04-06-2006 - OK)

Mary Ann Lawler, the plaintiff, was hired by QuikTrip Corporation as a part-time clerk in 1992, and she continued in that position until 1998, when she accepted a full-time position as a relief clerk. On November 22, 2000, QuikTrip terminated her employment. On May 2, 2003, plaintiff brought suit against QuikTrip in the United States District Court for the Northern District of Oklahoma, allegin... More...   $0 (04-02-2006 - OK)

1 Petitioner, Elaine Meek, seeks reinstatement to the Oklahoma Bar Association after being disbarred in 1996. This is her first attempt at reinstatement. The Bar Association opposed her effort and after hearing held in June 2005, the trial panel of the Professional Responsibility Tribunal unanimously recommended that her petition should be denied. Having thoroughly reviewed the evidence, we agr... More...   $0 (02-14-2006 - OK)

Ruhrpumpen acquired a pump manufacturing plant from Flowserve, Inc. Flowserve terminated all of its employees, including plaintiffs. Ruhrpumpen invited the former Flowserve employees to apply for employment, and plaintiffs were among those who applied. Ruhrpumpen asked Flowserve's Superintendent of Production, Mike Brantley, to evaluate the skill level, work habits, and on-the-job attitude of ... More...   $0 (02-15-2006 - OK)

2 Plaintiff was a longtime policyholder of Insurer. In April 2002, Insurer sent Plaintiff a standard renewal notice, informing him that his automobile insurance policy was ... More...   $0 (01-17-2006 - OK)

Plaintiffs are employees of the City of Altus, Oklahoma (City). They appeal the district court's grant of summary judgment dismissing all their claims against the City, the City Administrator, and the Street Commissioner (collectively referred to as Defendants). All claims arise out of the City's English-only policy for its employees. Asserting claims of both disparate-impact and disparate-trea... More...   $0 (01-12-2006 - OK)

On July 1, 2003, Inergy Propane, LLC (Inergy), a Delaware Limited Liability Company authorized to do business in Oklahoma, brought suit in the United States District Court for the Western District of Oklahoma against the Union Bank of Chandler (the Bank). Jurisdiction was based on 28 USC § 1332, Inergy and the Bank being citizens of different states and the amount in controversy being in exces... More...   $0 (12-16-2005 - OK)

The present dispute is a diversity action involving Zurich American Insurance Co.'s (Zurich) payment of medical expenses incurred by Enrique Ortiz, a Matrix Service, Inc. (Matrix) employee. Matrix contracted with Zurich to provide stop-loss coverage for medical expenses incurred by eligible Matrix employees for amounts that exceed Matrix's basic coverage. Matrix paid health benefits on behalf ... More...   $0 (10-20-2005 - OK)

1 Title 11 U.S.C.A. �5541 of the United States Bankruptcy Code governs abandonment of bankruptcy estate property. It allows the court to order the trustee to abandon any estate property that is burdensome or of inconsequential value and benefit to the estate.2 When an asset has been abandoned by the trustee, it is no longer part of the bankruptcy estate. It reverts to its pre-bankru... More...   $0 (06-16-2005 - OK)

2 The parties have agreed on the following facts. Ave Maria Child Care is a daycare facility that cares for children... More...   $0 (05-24-2005 - OK)

1 Appellant Darin Bicknell (Bicknell) appeals from an order of the trial court dismissing with prejudice his medical malpractice claim against Appellees John D. Randolph, M.D., Deborah McCollum, M.D., and James Brennan, M.D. (collectively Physicians) pursuant to 12 O.S. 2001 §1083 and Rule 9, Rules for the District Court, 12 O.S. Ch. 2, App. We find this case is controlled by the similar decisi... More...   $0 (12-27-2004 - OK)