News & EVENTS
Paula Quillin’s Father Honored for WWII Sacrifice
Paula Quillin traveled to Lisse Holland with her brother’s family and her mother In September to participate in a ceremony for a B-17 bomber crew shot down over Holland in World War II. Paula’s father, John Paul Quillin (known as Paul), was co-pilot of the airplane....
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...
Setting up a Tax Exempt Nonprofit in Oklahoma
The government likes tax money. Consequently, setting up a tax-exempt nonprofit corporation takes significantly more time, effort, and paperwork than forming a for-profit business entity. The rewards that come from gaining tax-exempt status, however, are well worth...
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...
Court Limits Plaintiff’s Damages in Personal Injury Cases to Amount Paid by Medicaid
By Curtis Roberts Curtis Roberts prevailed on a motion in limine excluding, in a personal injury case, evidence of the amount of plaintiff’s damage claim for medical bills. The case was filed with dwi defense attorney houston, which provides that “Upon the trial of...
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...
Summary Judgment Obtained for Manufacturer in Products Liability Case
Jason Goodnight recently obtained an order granting summary judgment to a manufacturer who was sued in federal court for an allegedly defective brake press which crushed an employee’s hand, requiring partial amputation of the employee’s arm. Plaintiffs claimed the...
Company’s Failure to Conduct A Post-Accident Alcohol & Drug Test
Recently, in Brumley v. Keech, 2012 Ark. 263, No. 11-874 (06-14-2012), the Arkansas Supreme Court upheld a trial court’s pretrial ruling that excluded evidence of a trucking company’s failure to comply with federal regulations. In particular, the trucking company...
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,...