HARGRAVE, J. 1 Decedent worked for NES Rentals as a truck driver. On December 1, 2006, Decedent stopped his employer's truck and trailer on a bridge spanning the Arkansas River in Muskogee County, Oklahoma, to investigate a minor accident. While standing next to his truck, Decedent was stuck and killed in a multi-vehicle accident involving trucks owned and operated by Defendants. On February 21, 2007, Plaintiff commenced the instant action against the Defendants for the wrongful death of...
HARGRAVE, J. SUMMARY OF FACTS AND PROCEDURAL HISTORY 1 The Corporation Commission, on November 6, 1985, entered Pooling Order (P.O.) No. 289640 which force pooled nine common sources of supply and established a 640-acre drilling and spacing unit underlying Section 20, Township 16 North, Range 18 West in Dewey County, Oklahoma hereinafter referred to as Unit 1. These common sources of supply were the Douglas Sand, Tonkawa, Cottage Grove, Oswego Lime, Cleveland Sand, Cherokee Sand, Morrow,...
HARGRAVE, J. 1 Petitioner/Appellant, Ponca Iron & Metal, Inc., (Employer) seeks review of an order of the Workers' Compensation Court and subsequent sustainment of this order by the Oklahoma Court of Civil Appeals, Division I, awarding Respondent, Jackie Wilkinson (Claimant), temporary total disability (TTD) benefits and medical care, and denying Employer's statute of limitation defense. The opinion of the Court of Civil appeals is vacated. 2 Claimant's job duties with Employer dealt with...
TAYLOR, V.C.J. 1 The dispositive questions presented in this appeal are whether title 59, section 1320(B) of the 2001 Oklahoma Statutes 2 limits a professional bondsman to writing bonds on no more than ten defendants a year in a county in which the professional bondsman is not registered, and, if so, whether a professional bondsman can circumvent this limitation by employing a surety bondsman to act on the professional bondsman's behalf pursuant to a power of attorney. We answer the...
OPALA, J. 1 This appeal presses three issues: (1) whether this court's mandate—that affirmed a 2008 trial court order—was ignored by the trial judge's 2009 decision in a post-appeal permanency/review hearing order, (2) did the trial judge abuse his discretion when he ordered (A) the child to remain in the care of the foster parent (B) supervised visitation for the mother and (C) a change of permanency plan to long-term out-of-home child placement and (3) were the mother's due process rights...
WATT, J.: 1 We granted certiorari to address a single issue: whether, after foreclosure, the guarantors 1 were entitled to credit on the mortgagee's judgment for the fair and reasonable market value of the property 2 disposed of at sheriff's sale 3 We determine that the guarantors effectively waived the right to a credit or setoff of the fair and reasonable market value of the property. Our determination is supported by the plain, clear, unmistakable, unambiguous, and unequivocal...
WINCHESTER, J. 1 The essential issue before this Court is whether a contractual term regarding an increase in salary in the second year of a two-year collective bargaining agreement between the City of Stillwater and the Union representing the City's firefighters is void because it violates Article 10, 26, of the Oklahoma Constitution. We hold that the contractual term increasing the salary of the firefighters in the second year violates the constitution of this state. I. FACTS AND...
COLBERT, J. 1 The primary issue in this matter is the effect of noncompliance with title 62, section 362 of the Oklahoma Statutes which requires proof of a municipality's or school board's current indebtedness before a judgment may be entered in a suit based on contract. This Court holds that the failure to present proof of actual indebtedness for the fiscal year in which a judgment is entered in a contract action voids such judgment. However, that failure is a jurisdictional defect in the...
WATT, J.: 1 We granted certiorari to address a single issue: whether the claims of fraud, deceit, constructive fraud, and punitive damages are appropriate for class certification The facts reveal that: the majority of the royalty owners appear to be Oklahoma citizens; Mobil made representations as to the appropriate payments in Oklahoma; the representations were made and acted upon primarily in Oklahoma but also in other states; Mobil made the representations in Oklahoma to the royalty...
