Justia Oklahoma Supreme Court Opinion Summaries

Sarah Marshall, a pet-sitter, was bitten by a pit bull mix named Julian while attempting to separate a dog fight. Julian had been placed with Loren Poss by Tulsa Animal Welfare, a department within the City of Tulsa. Poss, who was fostering Julian, left him with Marshall while she went on vacation. Marshall sued the City of Tulsa under the strict liability dog bite statute, 4 O.S. § 42.1, and for common law negligence.The District Court of Tulsa County granted summary judgment in favor of the City, finding that Marshall was considered an "owner" of the dog under 4 O.S. § 42.1 and thus could not recover under the statute. The court also found that the City did not owe a duty of care to Marshall. Marshall appealed the decision.The Supreme Court of the State of Oklahoma reviewed the case de novo. The court affirmed the lower court's decision, holding that Marshall was indeed an "owner" under 4 O.S. § 42.1 when read in conjunction with the Tulsa Municipal Ordinance, which defines an owner as anyone having care, maintenance, or control of a dog. The court also held that the City did not owe a duty of care to Marshall because her injury was not foreseeable, as there was no evidence that Julian had shown signs of aggression prior to the incident. Therefore, the trial court's judgment was affirmed. View "MARSHALL v. CITY OF TULSA" on Justia Law

The case involves an order issued by the Oklahoma Corporation Commission (Commission) that prevented certain utilities from billing customers for municipal franchise fees and municipal gross receipts taxes based on securitized revenue, as per the February 2021 Regulated Utility Consumer Protection Act. The City of Oklahoma City challenged this order, arguing that it unlawfully canceled municipal taxes and franchise fees, and exceeded the Commission's jurisdiction.The Public Utilities Division (PUD) of the Commission filed an application to prevent utilities from billing customers for these fees and taxes, arguing that such charges would result in a windfall for municipalities. The Commission granted the PUD's application, concluding that the fees and taxes related to extraordinary fuel costs from the 2021 winter storm should not be collected from customers. The Oklahoma Municipal League (OML) intervened, arguing that the Commission lacked jurisdiction to alter franchise agreements and that the fees were legal obligations of the utilities.The Supreme Court of the State of Oklahoma reviewed the case and determined that the OML had standing in the controversy. The Court found that the Commission's determination that the February 2021 Regulated Utility Consumer Protection Act changed or altered a utility's legal obligations concerning municipal franchise fees and gross receipts taxes was not sustained by law. The Court held that the Commission did not have the authority to determine the legality of these fees and taxes or to prevent their collection based on securitized revenue.The Supreme Court of Oklahoma reversed the Commission's order, concluding that the Commission's decision was not supported by the law. The case was remanded to the Corporation Commission for further proceedings consistent with the Court's opinion. View "CITY OF OKLAHOMA CITY v. OKLAHOMA CORPORATION COMMISSION" on Justia Law

In August 2014, a train operated by BNSF Railway Company collided with a pickup truck driven by Paul Watson at a railroad crossing in Pawnee County, Oklahoma. Watson, who was not wearing a seatbelt, died instantly, while his wife Terri and their minor child, both belted, survived with injuries. Terri Watson, on behalf of herself, her child, and as a representative of her deceased husband's estate, filed a wrongful death and personal injury lawsuit against BNSF, alleging negligent maintenance of the crossing and failure to install adequate safety features.The case went to trial, and after three weeks of testimony and evidence, the jury found in favor of BNSF on all claims. The plaintiffs' motion for a new trial was denied by the trial court. On appeal, the Court of Civil Appeals, Division IV, found prejudicial errors in the jury instructions, specifically noting that the instructions were biased in favor of BNSF and required an excessive degree of care from Watson. The appellate court reversed the trial court's decision and remanded the case for a new trial.The Supreme Court of the State of Oklahoma reviewed the case on certiorari. The court found that the jury instructions, when considered as a whole, were not so prejudicial as to mislead the jury. The court noted that the instructions accurately reflected Oklahoma law and did not impose a higher standard of care on Watson than required. Consequently, the Supreme Court vacated the opinion of the Court of Civil Appeals, affirmed the trial court's judgment, and reinstated the jury's verdict in favor of BNSF. The case was remanded for further proceedings consistent with this opinion. View "WATSON v. BNSF RAILWAY COMPANY" on Justia Law

Kiefer Production Company (KPC), a non-party, appealed adverse discovery orders related to a subpoena duces tecum issued by the Keetons, co-trustees and co-personal representatives of Noma Rongey's estate. The Court of Civil Appeals (COCA) dismissed the appeal, stating the orders were not appealable. KPC then petitioned for certiorari, which was granted by the Supreme Court of Oklahoma.The district court had previously denied the Owners' motion to quash the subpoena and ordered KPC to produce financial documents to determine the value of Rongey's interest in KPC. The district court also placed Rongey's interest in pay status. COCA partially affirmed the district court's order but remanded the case to address the implications of Rongey's death and the scope of the documents requested. On remand, the district court denied KPC's renewed motion to quash and granted the Keetons' motion to compel the production of documents.The Supreme Court of Oklahoma held that the discovery orders were appealable and that the district court did not abuse its discretion in ordering KPC to produce the documents. The court found that KPC, as a non-party, had a substantial right affected by the orders and that the orders conclusively determined the issue of document production. The court also held that KPC's financial documents, including tax returns, were relevant to determining the value of Rongey's interest in KPC and were therefore discoverable.The Supreme Court vacated COCA's opinion and affirmed the district court's judgment, requiring KPC to comply with the subpoena. The court also held that KPC did not have standing to appeal the order placing Rongey's interest in pay status, as this issue was not final and was subject to further proceedings. View "ROYAL HOT SHOT INVESTMENTS v. KIEFER PRODUCTION CO." on Justia Law

The case involves the termination of parental rights of Brandi McCubbin, the adoptive mother of a child referred to as V.J.R. (also known as F.V.M.). The child disclosed to her biological mother that she had been sexually abused by her adoptive father, Charles Allen McCubbin. The biological mother reported the abuse to the police, leading to a forensic interview with the child, where she repeated her allegations and provided additional details. The child was subsequently taken into protective custody, and the State filed a petition to terminate the parental rights of both adoptive parents.The District Court of Oklahoma County adjudicated the child as deprived and terminated the parental rights of the adoptive mother, finding that she failed to protect the child from shocking and heinous abuse. The court determined that the adoptive mother had knowledge of at least one prior accusation of sexual abuse against the adoptive father and failed to take reasonable action to protect the child. The court also admitted a DVD recording of the child's forensic interview into evidence, despite the adoptive mother's later objections on appeal regarding the lack of a separate hearing to determine the reliability of the child's statements.The Supreme Court of the State of Oklahoma reviewed the case and affirmed the lower court's decision. The court held that the trial court did not err in applying the clear and convincing evidence standard rather than the heightened burden of proof under the Indian Child Welfare Act (ICWA), as the case did not involve a Native American child or family. The court also found that the evidence was sufficient to support the termination of parental rights, as the adoptive mother had constructive knowledge of the abuse and failed to protect the child. Additionally, the court ruled that any error in admitting the DVD recording without a separate hearing was harmless, as the trial court had made sufficient findings regarding the credibility and reliability of the child's statements. View "IN THE MATTER OF V.J.R." on Justia Law

Melissa Evans was involved in a fatal car accident with Darrell D. Blaylock, resulting in the deaths of both Evans and George D. Blaylock, a passenger in Blaylock's car. Joshua Evans, Melissa's son, initiated probate proceedings and was named the personal representative of her estate. Joshua later sought a court order to declare Melissa's house as qualifying for the homestead exemption. The probate court denied this request, leading Joshua to file an interlocutory appeal.The District Court of Rogers County admitted Melissa's will to probate, named Joshua as the personal representative, and identified the heirs. Deborah Matlock, representing George Blaylock's estate, filed a wrongful death lawsuit against Melissa's estate and a creditor demand for inventory. Joshua's motion to declare the house as a homestead was denied after he failed to appear at the hearing. The probate court ruled that the property did not qualify for the homestead exemption as Melissa left no surviving spouse or minor children.The Supreme Court of the State of Oklahoma reviewed the case and affirmed the lower court's decision. The court held that the property did not qualify for either a constitutional or probate homestead exemption. The court clarified that the homestead exemption under Oklahoma law is limited to a surviving spouse and minor children, and does not extend to adult children or grandchildren. Consequently, Joshua Evans and his children were not entitled to the homestead exemption, and the property was available to satisfy the debts of Melissa Evans' estate. The case was remanded for further proceedings consistent with this opinion. View "IN THE MATTER OF THE ESTATE OF EVANS" on Justia Law

Mark Glen Spencer died from sepsis two days after a surgical procedure performed by Dr. Lana Nelson at Norman Regional Medical Authority. Spencer's brother, Jimmy Wayne Spencer, acting as the Special Administrator of the estate, filed a wrongful death action against the hospital and Dr. Nelson, alleging negligent and grossly negligent treatment. The hospital delayed providing complete medical records, which were essential for evaluating the claim.The District Court dismissed the case, finding that the plaintiff had actual knowledge of the potential claim before the statutory deadline and that Dr. Nelson, as a hospital employee, was immune from individual liability under the Oklahoma Governmental Tort Claims Act (GTCA). The Court of Civil Appeals affirmed the dismissal, holding that the discovery rule did not apply to wrongful death claims under the GTCA and that Dr. Nelson could not be individually sued for actions within the scope of her employment.The Supreme Court of the State of Oklahoma reviewed the case and vacated the Court of Civil Appeals' opinion. The Supreme Court held that the discovery rule applies to wrongful death actions arising from medical negligence under the GTCA. It also ruled that governmental employees have no immunity under the GTCA for gross negligence or acts outside the scope of employment. The court found that the trial court erred in making factual determinations on a motion to dismiss and that it should have taken the plaintiff's allegations as true. The case was remanded for further proceedings consistent with these findings. View "SPENCER v. NELSON" on Justia Law

A group of medical providers sued a former employee for breach of an employment agreement. The employee counterclaimed, alleging he was owed unpaid wages and bonuses. The providers initially raised "failure to state a claim" as their sole affirmative defense. However, after nearly four years of litigation, they attempted to argue for the first time that the contract was illegal and therefore void. The lower court found that the providers had waived this affirmative defense and issued a judgment in favor of the employee. The providers appealed, and the Court of Civil Appeals reversed, concluding that the lower court had abused its discretion by refusing to consider the providers' claim of illegality.The Supreme Court of the State of Oklahoma disagreed with the Court of Civil Appeals. It held that the trial judge did not abuse her discretion in striking the providers' last-minute effort to raise a new affirmative defense. The court noted that the providers had failed to raise the illegality defense in their initial responsive pleading and did not seek to amend their answer in a timely manner. Furthermore, the providers did not raise the illegality defense until after the trial court had already awarded summary judgment to the employee on the issue of breach of contract, more than ten months after the close of discovery, more than nine months after the lower court's deadline for filing dispositive motions, and almost four years after the original lawsuit was filed. The court concluded that the record was sufficient to support a finding that the providers' delay was unjustified and prejudicial. The court vacated the opinion of the Court of Civil Appeals, affirmed the trial court's order striking the illegality affirmative defense, and remanded the case to the Court of Civil Appeals to resolve any remaining undecided issues raised in the appeal. View "Tulsa Ambulatory Procedure Center v. Olmstead" on Justia Law

Spencer Mathis and Jaden Fenstermaker, who worked as delivery drivers for Amazon in Tulsa, Oklahoma, were fired by their employer, James Kerr, after Mathis filed a workers' compensation claim. The plaintiffs alleged that Kerr had retaliated against them for pursuing the claim and filed a lawsuit against him. Kerr moved to compel arbitration based on the arbitration provisions in the plaintiffs' employment contracts. The plaintiffs objected, arguing that federal and state law exempted them from arbitration.The trial court granted Kerr's motion to compel arbitration and stayed the lawsuit until the completion of arbitration. The plaintiffs appealed this decision, but the Court of Civil Appeals affirmed the trial court's ruling.The Supreme Court of the State of Oklahoma granted certiorari to review the case. The court held that employees who deliver Amazon packages are exempt from arbitration under federal law. The court also found that the district court's exclusive jurisdiction over retaliatory discharge claims precluded arbitration of those claims under Oklahoma law. The court reversed the trial court's decision, vacated the Court of Civil Appeals' opinion, and remanded the case for further proceedings. View "MATHIS v. KERR" on Justia Law

The Attorney General for the State of Oklahoma, on behalf of the state, sought a writ of mandamus and declaratory relief against the Oklahoma Statewide Virtual Charter School Board and its members. The state argued that the board's contract with St. Isidore of Seville Catholic Virtual School, a religious charter school, violated state and federal law and was unconstitutional. The state contended that the contract violated the Oklahoma Constitution, which mandates that all charter schools be nonsectarian in their programs, admission policies, and other operations. The state also argued that the contract violated the federal Establishment Clause, which prohibits the state from using public money for the establishment of a religious institution.The Charter School Board had approved St. Isidore's application to become an Oklahoma virtual charter school and later approved its contract for sponsorship. The contract recognized certain rights, exemptions, or entitlements applicable to St. Isidore as a religious organization under state and federal law. The contract also stated that St. Isidore had the right to freely exercise its religious beliefs and practices consistent with its religious protections.The Supreme Court of the State of Oklahoma assumed original jurisdiction over the case. The court found that the contract violated the Oklahoma Constitution, the Oklahoma Charter Schools Act, and the federal Establishment Clause. The court held that St. Isidore, as a public charter school, was a governmental entity and a state actor. The court also held that the contract violated the Establishment Clause because it allowed for the use of state funds for the benefit and support of the Catholic church and required students to participate in religious curriculum and activities. The court granted the extraordinary and declaratory relief sought by the state and directed the Charter School Board to rescind its contract with St. Isidore. View "DRUMMOND v. OKLAHOMA STATEWIDE VIRTUAL CHARTER SCHOOL BOARD" on Justia Law