WM. C. HETHERINGTON, JR. , Chief Judge . 1 This is the second appeal in this action for negligent failure to procure insurance filed by Plaintiff Blutone Enterprises, LLC (Blutone) against Defendant Messer-Bowers Company, Inc. (Agency). In the first appeal between the same parties, the trial court's summary judgment order in favor of Agency was reversed because the limited record from a prior federal case did not support its issue preclusion argument. Blutone now seeks reversal of the...
JOHN F. FISCHER , Presiding Judge . 1 Jaime McCamey, personal representative of the estate of Thomas McCamey, appeals the order dismissing this action for failure to prosecute. Despite the lengthy history of this litigation, we find that dismissal was inappropriate and reverse. BACKGROUND 2 Thomas McCamey filed his first petition on May 31, 2000 (Case No. CJ-2000-2606), alleging medical negligence during a 1996 surgical procedure conducted at the Tulsa Regional Medical Center. 1 On...
JANE P. WISEMAN , Judge . 1 Fraternal Order of Police, Lodge 93 (FOP) and Kendra Miller appeal from the trial court's order vacating the July 30, 2012, arbitration decision. Based on our review of the facts and applicable law, we conclude the trial court's decision should be affirmed. FACTS AND PROCEDURAL BACKGROUND 2 In May 2004, Kendra Miller was hired as a police officer for the Tulsa Police Department (TPD). In October 2006, the Federal Bureau of Investigation began investigating...
JANE P. WISEMAN , Judge . 1 Lafe C. Coldwater (Father) appeals from the trial court's "Order Setting Forth Findings of Fact Regarding Child Support Deviation." 1 After review of the record and relevant law, we reverse and remand for further proceedings. FACTS AND PROCEDURAL BACKGROUND 2 After the minor child was born, DHS initiated an administrative action to determine paternity and support obligations. In that action, it was determined that Father was the father of the minor...
WM. C. HETHERINGTON, JR. , Chief Judge . 1 William R. Buckles (Trustee), in his capacity as a trustee of two testamentary trusts (the Trusts), appeals an order, entered following summary proceedings, granting Triad Energy, Inc. (Triad) judgment on its motion for summary judgment and denying relief on his counter-motion for partial summary judgment on the issue of trespass to real property. Trustee did not establish a cognizable right of action against Triad as an aider and abetter of...
Wm. C. HETHERINGTON, Jr. , Chief Judge . 1 Kentucky Bluegrass Contracting, LLC (KBC) filed this action for breach of contract and duty of good faith and fair dealing (bad faith) against The Cincinnati Insurance Company (Insurer) after the latter denied KBC's claim for coverage and a defense in a federal action. KBC now appeals a trial court order sustaining Insurer's motion for summary judgment. We affirm. STANDARD OF REVIEW 2 This appeal is governed by and follows the procedure set...
DEBORAH B. BARNES , Judge . 1 The Sequoyah County Conservation District (SCCD) filed a condemnation action seeking a permanent easement on property owned, in part, by Plaintiff/Appellee Jennifer Benitscheck Taylor (Taylor) so that it could perform rehabilitation work on a dam. Taylor then filed a petition before Defendant/Appellant Oklahoma Water Resources Board (the OWRB) asserting that SCCD's proposed construction activities are based on the assumption that the dam is a "high hazard"...
P. THOMAS THORNBRUGH , Judge . 1 Plaintiff, Robert Waits, appeals the decision of the district court finding that a bona fide dispute exists regarding his wage claim against Viersen Oil & Gas Co. (Viersen). This appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp.2014, ch. 15, app. 1, and the matter stands submitted without appellate briefing. On review, we find that this question is not independently justiciable because the...
JANE P. WISEMAN , Judge . 1 The City of Lawton (Employer) seeks review of an order of a three-judge panel of the Workers' Compensation Court of Existing Claims affirming an order of the trial court awarding Ronnie C. Smith, Jr. (Claimant) workers' compensation benefits. The issue on appeal is whether the Workers' Compensation Court's decision that Claimant's work activities were the major cause of his injury is against the clear weight of the evidence. After review, we conclude the...
KENNETH L. BUETTNER , Judge . 1 Plaintiffs/Appellants William H. Long, Brad Waller, John M. Simpson, Ron Hau, Donya Hau, John Bell, Mary Bell, Rus Nation, Carol Nation, Lauren S. Boatman, James Wimmer, Terry Wimmer, Ron Cardwell, Jacci Cardwell, Mark S. Simpson, and Donnie Robinson (collectively, Appellants) appeal the trial court's order awarding Intervenor/Appellee Jeff Davis attorney fees and costs pursuant to 12 O.S.2011 1384.2. Appellants also appeal the Presiding Administrative...
BAY MITCHELL , Presiding Judge . 1 Defendant/Appellant Jamar C. Bynum (Bynum) appeals from the trial court's Order finding Plaintiff/Appellee Autumn Wood Farms, LLC (Autumn Wood) had a valid easement to access its property by using a driveway crossing Bynum's property. The trial court granted Autumn Wood a permanent injunction barring Bynum from restricting Autumn Wood's use of the driveway. The court awarded "nominal damages" of $1,000 and treble damages of $3,000. On appeal, Bynum...
JERRY L. GOODMAN , Vice-Chief Judge . 1 B & W Operating, L.L.C., and B & W Exploration, Inc. (collectively "B & W"), appeal Order No. 619555 of the Oklahoma Corporation Commission (OCC) approving Devon Energy Production Company, L.P.'s (Devon) application seeking an order pooling a 640-acre spacing unit covering Section 8-19N-3E, Payne County, Oklahoma. Based on our review of the facts and applicable law, we affirm. BACKGROUND 2 Devon filed an application with the OCC on March 7, 2013,...
BRIAN JACK GOREE , Presiding Judge . 1 Plaintiffs/Appellants, Roberto Sanchez-Munoz and Alejandro Sanchez-Munoz (collectively the Sanchez Brothers), seek review of the district court's order affirming a decision of the Oklahoma Horse Racing Commission that suspended the Sanchez Brothers' trainer licenses and imposed fines. At issue is whether the agency properly admitted and relied on a novel scientific technique for detecting doping and whether it violated the Sanchez Brothers' due...
P. THOMAS THORNBRUGH , Judge . 1 The Oklahoma Department of Corrections (DOC) appeals the declaratory judgment of the district court holding that 57 O.S.2011 37 and 38 act unconstitutionally if counties are required to spend more than the maximum reimbursement stated by 38 to hold a state inmate. We affirm the judgment of the district court. BACKGROUND 2 This case involves the interaction between a state statute and the Oklahoma Constitution. The statute, 57 O.S.2011 38, sets a...
WM. C. HETHERINGTON, Jr. , Chief Judge . 1 St. John Medical Center (Hospital) appeals an order of the trial court granting a new trial motion by Kimberly Watson-Santin (Patient) entered after a jury returned a verdict in favor of Hospital. Following review of the entire record, Hospital has not demonstrated the trial court acted arbitrarily, abused its discretion, or materially and manifestly erred in granting the new trial. The trial judge's order granting Patient's Motion for New Trial...
KEITH RAPP , Presiding Judge . 1 The plaintiff, Troy Hasenfratz (Father), individually and as parent and guardian of M.H., a minor, appeals an Order denying his motion for consideration after the trial court entered summary judgment in favor of the defendant, Ponca City Independent School District (District). This appeal proceeds under the accelerated procedure of Okla.Sup. Ct.R. 1.36, 12 O.S. Supp.2014, ch. 15 app. 2. BACKGROUND 2 M.H. attends Ponca City Senior High School (School)...
JOHN F. FISCHER , Presiding Judge . 1 The City of Muskogee appeals the district court's judgment in this inverse condemnation proceeding finding in favor of Deary and Esther Vaughn and awarding them $1,952,682.00. The Vaughns appeal the district court's denial of their request for prejudgment interest and that part of the judgment granting title to their real property to the City. Because the issue of a condemnatory taking has not been resolved, the judgment appealed is reversed, and this...
BRIAN JACK GOREE , Presiding Judge . 1 Plaintiffs appeal a decision denying their initiative petition. The trial court decided the initiative is unconstitutional because it would cause such an undue hardship on the City of Guthrie and the Guthrie Public Works Authority that it would destroy the City's ability to engage in the business of operating a utility. The order is reversed because it is not sustained by evidence that the initiative clearly and manifestly violates the Oklahoma...
WM. C. HETHERINGTON, JR. , Chief Judge . 1 In this medical negligence action, Appellant Melese Hedrick (Plaintiff) appeals the denial of her motion for new trial and the judgment based on a jury's verdict in favor of Appellees Joan M. Hardt, M.D., and Rejuvena Skin and Wellness Center, a Professional Corporation, a/k/a Rejuvena Clinic, P.C. (collectively, Defendants). The sole issue on appeal is whether the trial court correctly refused to instruct the jury on res ipsa loquitur. We find...
DEBORAH B. BARNES , Chief Judge . 1 Loyde H. Warren (Warren) appeals from the trial court's "Journal Entry" (Judgment) refusing to approve a contingent fee contract executed between himself and Mildred Stanfield, Guardian of the Estate of Tracy Delbert Stanfield (Guardian), for legal services performed by Warren on behalf of Tracy Delbert Stanfield (Ward), and, instead, awarding an attorney's fee in quantum meruit in the amount of 10% of the sum recovered by Ward's estate through...
