COLBERT, V.C.J. 1 The issue presented on certiorari review is whether a governmental subdivision is equitably estopped from denying liability where it, having previously entered into an undisclosed oral contractual agreement regarding the maintenance of the county-line road, failed to advise the plaintiff that another county, not it, bore responsibility for the road maintenance at some point prior to the expiration of the limitations period. Based on the evidence presented, this Court...
COLBERT, V.C.J. 1 The question presented is whether K.B. is eligible for adoption—more specifically, whether K.B. is eligible for adoption without the consent of his biological father. This Court holds the trial court did not abuse its discretion by holding that K.B. is not eligible for adoption because K.B.'s biological father exercised his parental rights regarding K.B., including contributing to the support of the biological mother during pregnancy. I. BACKGROUND AND PROCEDURAL HISTORY...
WINCHESTER, J. 1 Donald D. Thompson, petitioner/appellant, appeals the forfeiture of his judicial retirement benefits ordered by the Oklahoma Public Employees Retirement System Board of Trustees 1 and affirmed by the District Court of Oklahoma County. This Court retained the matter for review. I. FACTS AND PROCEDURE 2 On August 18, 2004, Mr. Thompson submitted his Declaration of Intent to Retire, which was approved August 31, 2004. He began receiving his pension benefits. On January 20,...
GURICH, J. 1 The United States District Court for the Western District of Oklahoma certified a single question of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, 20 O.S.2001 1601-1611. 1 We have reformulated the question presented by the federal court as follows: Does an insurer's refusal to unconditionally tender partial payment of UIM benefits amount to a breach of the obligation to act in good faith and deal fairly when (1) the insured's economic/special...
EDMONDSON, J. 1 This is a second appeal resulting from a Ponzi scheme perpetrated by Marsha Schubert, operating as Schubert and Associates (Schubert). The facts are set forth in the first appeal, Dept. Of Securities ex rel. Faught v. Blair, 2010 OK 16, 231 P.3d 645 (Blair). The defendants herein, Marvin and Pamela Wilcox, were among the appellants in Blair appealing from summary judgments obtained by the plaintiffs on the theory of unjust enrichment against 158 "relief" defendants...
OPINION WATT, Justice: 1 We granted the petition for writ of certiorari of Plaintiff/Appellee Lumber 2, Inc. (Lumber 2) to consider an issue of first impression in this Court: whether Lumber 2, as a retailer and purchaser of merchandise intended for resale in its business, is a "consumer" for purposes of the Oklahoma Consumer Protection Act, (OCPA), 15 O.S.2003 751-764.1. 1 We answer in the negative. PROCEDURAL BACKGROUND 2 Lumber 2 sued Defendant/Appellant Illinois Tool Works, Inc....
COMBS, J. 1 On June 8, 2009, the Shulls initiated an action sounding in medical malpractice seeking compensation for the injuries suffered as a result of the Appellees' alleged malpractice in failing to properly diagnose a Cytomegalovirus infection, 1 hereinafter referred to as CMV, that occurred during Patricia Shull's first trimester of pregnancy, and failing to inform the Shulls of the significant health risk to their unborn child. The Shulls alleged that, as a direct and proximate...
EDMONDSON, J. 1 The issues before us are whether the Baileys timely asserted a claim of title to the property when a forcible entry and detainer action was filed seeking to oust them from the property, and whether the trial court should have transferred the action from the Small Claims Docket. We conclude that the matter should have been tried as one in ejectment and that the trial court should have transferred the action from the Small Claims Docket of the District Court. 2 Odette Rogers...
PER CURIAM: 1 Although the above styled and numbered causes were consolidated in the trial court, they were appealed under separate numbers. On October 26, 2010, an order issued in case No. 108,841 making the causes companion cases for purposes of the appeal and requiring that separate records be filed. Today, we withdraw our order of October 26th and consolidate the matters for resolution by a single opinion. 1 2 One first impression issue is common to both causes: whether public...
REIF, J.: 1 Plaintiff, Matthew V. Hamrick, sued the State of Oklahoma ex rel., Office of the Chief Medical Examiner in the United States District Court for the Northern District of Oklahoma. He seeks recovery for wrongs he allegedly suffered during his employment with the Office of the Chief Medical Examiner. Plaintiff initially asserted seven claims against the State, grounded on both federal and state law. Plaintiff later dismissed all of the state law claims except his claim for unpaid...
COLBERT, V.C.J. 1 The issue in this matter is whether on remand the trial court failed to follow the instructions of the Court of Civil Appeals. This Court holds that the trial court failed to do so. Therefore, its summary judgment must be reversed and the cause must be remanded for trial of the contested issues of material fact which were identified in the first appeal. FACTS AND PROCEDURAL HISTORY 2 In 1994, Plaintiff, John B. Acott, was involved in a car accident which left him in a...
PER CURIAM. 1 Plaintiff/Appellant Michael C. Thomas filed suit in district court seeking a declaratory judgment that H.B.1804, the Oklahoma Taxpayer and Citizens Protection Act of 2007, 51st Leg., 1st Sess. (Okla.2007), is unconstitutional. The plaintiff sued Brad Henry, Governor of the State of Oklahoma, and the Board of County Commissioners of Tulsa County. 1 The Board of County Commissioners of Tulsa County was dismissed as a defendant upon stipulation of the parties and is not a party...
KAUGER, J.: 1 We granted certiorari to address whether the evidentiary materials presented by the plaintiff were sufficient to withstand a motion for summary judgment. We hold that they were. FACTS 2 On October 19, 2005, the plaintiff/appellant, Tracy R. Smith (Smith/patient), a field officer with the Oklahoma City Police Department, sought the care of the defendant/appellee, board-certified orthopedic surgeon, Dr. Robert Hines (Dr. Hines/doctor/surgeon), after suffering "problems" with...
COMBS, J.: 1 This cause presents questions of first impression in Oklahoma law: (1) whether a judgment in favor of a defendant triggers the application of 12 O.S. Supp.2002, 1101.1(B); 1 (2) whether a judgment that has been appealed and remanded negates a defendant's offer of judgment made prior to the appeal; (3) when is a judgment final for purposes of 1101.1(B); and (4) must an offer of judgment be reasonable. 2 In a 2-1 decision, the Court of Civil Appeals (COCA), Division IV,...
REIF, J.: 1 This case concerns a summary judgment granted to defendant McDonald's Restaurants of Oklahoma, Inc., on a claim for intentional infliction of emotional distress filed by former employee, Camran Durham. Plaintiff Durham alleged that his supervising manager denied three requests to take prescription anti-seizure medication and called plaintiff a "f. . .ing retard" in the course of denying the last request. Plaintiff related that he was sixteen at the time and the manager's refusals...
COMBS, J. 1 In the spring of 2009, the City of Oklahoma City (City) and the International Association of Firefighters, Local 157, AFL-CIO/CLC (IAFF), began negotiations for a collective bargaining agreement for City fiscal year 2009-2010 (FY 2010, beginning July 1, 2009), pursuant to the Fire and Police Arbitration Act, 11 O.S.2001, 51-101, et seq. The parties could not agree on an FY2010 collective bargaining agreement and entered into a written agreement on June 23, 2009, to extend the...
COLBERT, V.C.J. 1 The decedent established a joint bank account naming his nephew as the other joint tenant, with the understanding that his nephew would not exercise dominion or control over the account without the decedent's permission until the decedent's death. The decisive issue on appeal is whether the decedent intended to create a joint tenancy with right of survivorship in nephew. BACKGROUND AND PROCEDURAL HISTORY 2 In March 1997, William Metz (Decedent) established a bank...
WATT, J.: 1 The dispositive issue 1 presented is whether sufficient evidence was presented during the summary proceedings to create a question of fact on the open and obvious nature of the danger of diving head first into the pool owned and operated by the apartment complex. We have reviewed the merits of the summary judgment proceeding in light of the heavy burden, especially pronounced in negligence suits, resting on the moving party. Before a court may properly grant such a motion it...
COLBERT, V.C.J. 1 The issue is the intent of the parties to an assignment of an interest in oil and gas. The lower courts attempted to construe the ambiguous conveyance as a matter of law and, in doing so, supplied a legal description of the interest conveyed. Thus, the lower courts speculated impermissibly as to the parties' intent which cannot be determined from the four corners of the instrument. The matter must be remanded to the trial court for extrinsic evidence of the parties' intent....
COMBS, J. 1 The Defendant/Appellant, Miami Tribe of Oklahoma (Tribe), d/b/a White Loon Construction Company, seeks review of the trial court's judgment and the Court of Civil Appeals opinion in favor of Plaintiff/Appellee, Seneca Telephone Company (Seneca), in Seneca's four consolidated small claims actions asserting tort claims arising from Tribe's repeated damage to Seneca's underground telephone lines during excavation on property owned in fee or in trust by the Eastern Shawnee Tribe of...
