Torts
Tort Articles
Jeremy Ward and Jennifer Ary Appeal Victory
On October 4, 2019, Jeremy Ward and Jennifer Ary obtained a ruling from the Oklahoma Supreme Court reversing and remanding a judgment adverse to our clients. Our clients, the Plaintiffs, sued Defendant Tamko Building Products in the Oklahoma state court system for the...
Jeremy Ward and Phillip Wilson Jury Trial Victory
On January 16, 2020, Jeremy Ward and Phillip Wilson obtained a jury verdict in a four-day trial against a highly regarded Tulsa corporation. Our client was on the corporation’s premises and was injured after slipping in an area that had been mopped by an employee. The...
Jeremy Ward Jury Trial Victory
Jeremy Ward recently obtained a jury trial victory for one of our insurance clients in a first party coverage case. Plaintiff was involved in an automobile accident. At the time of the accident Plaintiff had UIM coverage through his insurance carrier. Plaintiff...
Jason Goodnight and Jennifer Ary Trial Victory
Jason Goodnight and Jennifer Ary obtained a defense verdict in a wrongful death suit in Leflore County, OK. Plaintiff claimed the Defendant, an gas producer, had overworked an employee which caused him to fall asleep at the wheel and become involved in a fatality...
Joe Farris and Paula Quillin Trial and Appeal Victory
On April 4, 2019, the Court of Civil Appeals of the State of Oklahoma affirmed a judgment obtained for our clients through trial and briefing by Joe Farris and Paula Quillin. Our client, the Plaintiff, sued Defendants for fraud/deceit, conversion, tortious...
Cybersecurity Procedures – Protect Your Data
“Cybersecurity – the state of being protected against the criminal or unauthorized use of electronic data, or the measures taken to achieve this.” Jeremy Ward is giving a presentation on Cybersecurity threats facing the construction industry to the ALFA International...
Liability of Component Part Manufacturer in Relation to Whole Product Manufacturer
Liability of Component Part Manufacturer in Relation to Whole Product Manufacturer A. Tort Claims 1. Generally A final product assembler who takes products manufactured by a number of companies to create an end product is ultimately responsible for the end product if...
Enforceability of Pre-Liability Waivers (“Exculpatory Clauses”)
Enforceability of Pre-Liability Waivers (“Exculpatory Clauses”) - Although Oklahoma looks upon liability waivers with a somewhat jaundiced eye, such waivers can be valid if a series of conditions are satisfied. A. Main Cases and Limitations The Oklahoma Supreme Court...
Codified Protections for Product Manufacturers, Sellers, & Distributors, 76 O.S. Section 57.2
On April 28, 2014, Oklahoma House Bill Number OK547HB 3365 (“HB 3365”) passed. The new statute relates to product liability actions, will be codified at 76 O.S. § 57.2, and becomes effective November 1, 2014. The statute provides a rebuttable presumption the...
Rational Use of Product Act – Proposed Oklahoma Legislation
Proposed legislation is before the Oklahoma Senate pertaining to product liability claims in Oklahoma. The proposed legislation, if enacted, would provide further protections for product manufacturers. The “Rational Use of a Product Act,” would include the following...
Oklahoma Supreme Court Revives Deep Pocket Rule for Many Negligence Cases that Accrued Between November 1, 2009 and November 1, 2011
When joint-and-several liability applies, each defendant is liable for the full amount of a plaintiff’s damages. By contrast, when liability is several only (and not joint), each defendant’s liability is limited to his or her percentage of fault. The distinction can...
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...
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,...
Oklahoma False Imprisonment & Shopkeeper’s Privilege
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...
Negligence May be Established by Circumstantial Evidence
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...
Elements of a Claim Against a Manufacturer for Products Liability under Oklahoma Law
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,...
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...
Resort to a Judicial Forum Is Not Bad Faith On the Part of the Insurer
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...
Oklahoma Tort Reform Update
Three different laws will go into effect November 1 and many of them will be of interest to insurance companies, defendants who face the possibility of large verdicts, and manufacturers who may be involved in products liability actions. Cap on non-economic damages....
Oklahoma Medical Malpractice Basics
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,...
Fraud Under Oklahoma Law
The elements of actionable fraud are: 1) a false material misrepresentation, 2) made as a positive assertion which is either known to be false or is made recklessly without knowledge of the truth, 3) with the intention that it be acted upon, and 4) which is relied on...