by Curtis Roberts | Aug 8, 2012 | Tort
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...
by Jeremy Ward | Jul 19, 2012 | Tort
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...
by Jeremy Ward | Jun 13, 2012 | Product Liability, Tort
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...
by Jeremy Ward | Jan 5, 2012 | Contract, Tort
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...
by Jeremy Ward | Oct 28, 2011 | Bad Faith, Tort
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...
by Jeremy Ward | Aug 30, 2011 | Litigation, Professional Liability, Tort
If a doctor, hospital, dentist, or other health care provider makes a mistake, can you sue him or her? Not necessarily. Medical malpractice involves matters of medical science and occurs when “those engag[ed] in the practice of the healing arts,” 76 O.S.2001, § 20.1,...
