Tort
Significant Change to Prejudgment Interest in Oklahoma Personal Injury Cases
On June 4, 2013, the Oklahoma Supreme Court issued an opinion striking down H.B. 1603, commonly known as the Comprehensive Lawsuit Reform Act of 2009 (CLRA). See Douglas v. Cox Retirement Properties, Inc., 2013 OK 37. One of the most significant effects of the Douglas decision will be the change in how prejudgment interest is …
Jason Goodnight Earns Defense Verdict In Trucking Case
Jason Goodnight successfully defended a trucking company and its driver in a recent case tried to a jury in Arkansas. The company driver was traveling down the highway in heavy rain on a flooded portion of the road. Another tractor-trailer suddenly stopped and swerved in front of the company driver. The company driver was unable …
Premises Liability in Oklahoma
Premises Liability in Oklahoma Landowner Premises Liability “Premises liability” refers to the “liability . . . of the owner/occupier of the premises where [an] injury occurs.” Thomas v. E-Z Mart Stores, Inc., 102 P.3d 133, 136 (Okla. 2004). An action against a landowner for premises liability sounds in tort for negligence whereby a plaintiff …
Defamation of Private Individuals in Oklahoma
By Alex Sisemore An early decision by the Oklahoma Supreme Court announced, “A man’s good name and reputation is his most valuable personal and property right and one that no man may wrongfully injure or destroy without being held accountable for.” Dusabek v. Martz, 249 P. 145, 147 (Okla. 1926). Such a sentiment is the …
Oklahoma False Imprisonment & Shopkeeper’s Privilege
By Adam Montessi The essential elements of the tort of false imprisonment are (a) the detention of a person against his or her will and (b) the unlawfulness of the detention. See Walters v. J.C. Penney Co., 82 P.3d 578, 583 (Okla. 2003). At common law, a merchant who detained another on a reasonable but …
Negligence May be Established by Circumstantial Evidence
By Barbara Rush In McClure v. Sunshine Furniture, 2012 OK CIV APP 67, the Oklahoma Court of Civil Appeals recently reversed an order granting summary judgment to a furniture company which had loaded furniture onto a pickup truck. The furniture fell off, causing a collision with the debris and another vehicle behind it. It’s not …
Elements of a Claim Against a Manufacturer for Products Liability under Oklahoma Law
By Jeremy Ward. Per Oklahoma’s Uniform Jury Instruction No. 12.1 the elements of a claim for manufacturers’ products liability are: A party claiming damages under Manufacturers’ Products Liability has the burden of proving each of the following: 1. The Defendant manufactured, sold, or leased the product in question; 2. The Defendant was in the business of …
Counsel Indemnification for Client’s Medical Bills Unethical in Oklahoma
In December 2011 an Oklahoma advisory opinion held it was permissible for a represented party to sign a release and hold harmless agreement with language agreeing to indemnify another party for medical bills, medical liens, and government claims as part of a settlement. However, the advisory opinion held it unethical for the represented party’s counsel …
Franden, Woodard, Farris, Quillin & Goodnight Super Lawyers 2011
By Barbara Rush. Lawyers from Franden, Woodard, Farris, Quillin & Goodnight were chosen for the 2011 “Super Lawyers.” Each candidate is evaluated and reviewed by their peers within their primary area of practice. Twelve indicators of professional achievement are used: verdicts, settlements and transactions; representative clients; experience; honors and awards; special licenses and certifications; position …
Resort to a Judicial Forum Is Not Bad Faith On the Part of the Insurer
By Barbara Rush. Resort to a judicial forum is not per se bad faith or unfair dealing on the part of the insurer regardless of the outcome of the suit. That principle was affirmed by the Oklahoma Supreme Court, answering a certified question in GEICO v. Quine, 2011 OK 88. The exact question answered was: …