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Mother gave birth to Child J.L.O. in 2016. When Child was less than two weeks old, the Oklahoma Department of Human Services (DHS) removed Child from Mother's custody, and shortly thereafter the State filed a petition requesting the court adjudicate Child deprived. On June 13, 2016, Tulsa Police pulled over Child's natural parents for expired tags. During the impound inventory, Tulsa Police found multiple items containing brown residue which the searching officer confirmed as heroin, via field test. Mother admitted to using heroin previously, but claimed that she had quit after learning she was pregnant. While Child was in the NICU for weight loss, hospital staff observed Mother with symptoms of continued heroin use including: passing out on a toilet, falling asleep with Child on her chest, and dozing off while standing up. The State alleged that Mother's actions constituted "neglect, failure to provide a safe and stable home, threat of harm, and substance abuse by [the] caretaker." Mother failed to appear for the hearing; ultimately termination proceedings were initiated and granted. Mother raised five issues on appeal; finding no reversible error, the Oklahoma Supreme Court affirmed termination of her parental rights. View "In the matter of J.L.O." on Justia Law

Posted in: Family Law

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Petitioner Trina Engles received temporary total disability benefits in 2006, for a December 2, 2005 injury. She had fallen backwards in a chair at work, which caused the injury. On January 15, 2010, Engles received permanent partial disability benefits for the neck injury. She had previously suffered a non-work-related injury in 1998. That injury occurred from an electrocution and fall at her home. She had multiple back and neck surgeries as a result. Ultimately she was awarded benefits from the Multiple Injury Trust Fund based on the most recent Court of Civil Appeals decision. MITF filed a timely petition for certiorari to the Oklahoma Supreme Court, arguing the Court had never before addressed the conclusion and holding of the Court of Civil Appeals. It argued the holding that a PTD benefit claimant against MITF may reopen an underlying case during the pendency of a claim against MITF, settle the reopened claim, and then use the settlement to later obtain a MITF award after another division of the Court of Civil Appeals ruled there was no jurisdiction for claimant's claim of benefits against MITF. MITF also argued the court did not follow the Supreme Court's jurisprudence, arguing it ignored the law-of-the-case doctrine. MITF claims the court did not correctly apply the statute, ignoring the Court's case law that a change of condition for the worse was not a subsequent injury under section 172. MITF contended that Engles was not eligible for benefits as she only has one previous adjudicated injury and her change of condition for the worse just reopened the original injury. Finally, MITF argued the court determined the competence of evidence sua sponte, contradicting Oklahoma case law. The Supreme Court agreed that Engles had one adjudicated injury, and suffered no subsequent injury after her 2005 injury; she could not be a physically impaired person and the appellate court lacked jurisdiction against MITF. "Reopening a lone injury and characterizing the resulting compromise settlement as a second adjudicated injury cannot establish jurisdiction over MITF." The Court vacated the opinion of the Court of Civil Appeals and remanded this case for further proceedings. View "Engles v. Multiple Injury Trust Fund" on Justia Law

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This case arose from a 2015 motor vehicle accident between Ronald Fox and James Mize in Norman, Oklahoma. Mize was traveling northbound on Sunnylane Road in a tractor-trailer owned by his employer, Van Eaton Ready Mix, Inc., when he made a left turn onto Van Eaton's property. According to the traffic collision report, Mize made an improper turn in front of oncoming traffic. Fox, who was travelling southbound on Sunnylane Road on a motorcycle, collided with Mize's tractor-trailer and was declared dead at the scene from a head injury. The report provided that Fox made no improper driving action and that neither driver appeared to be speeding at the time of the collision. Mize held a Class "A" commercial driver's license subject to the Federal Motor Carrier Safety Regulations (FMCSR), and Van Eaton stipulated that Mize was acting in the course and scope of employment at the time of the collision. Mize was taken from the scene to Norman Regional for a blood test, which showed he was under the influence of a prescription narcotic banned by the FMCSR at the time of the accident. Plaintiff, the personal representative of Fox's estate, brought suit against Mize for negligence and negligence per se and sued Van Eaton for negligence and negligence per se under the theory of respondeat superior. Plaintiff also asserted direct negligence claims against Van Eaton for negligent hiring, training, and retention, and negligent entrustment. Van Eaton stipulated that Mize was acting in the course and scope of his employment at the time of the collision and sought dismissal of the Plaintiff's direct negligence claims, arguing that negligent hiring and negligent entrustment were unnecessary, superfluous, and contrary to public policy because Van Eaton had already admitted to being Mize's employer for purposes of vicarious liability. The district court dismissed the negligent hiring claim but allowed the negligent entrustment claim to proceed. Upon consideration, the Oklahoma Supreme Court concluded an employer's liability for negligently entrusting a vehicle to an unfit employee was a separate and distinct theory of liability from that of an employer's liability under the respondeat superior doctrine. An employer's stipulation that an accident occurred during the course and scope of employment does not, as a matter of law, bar a negligent entrustment claim. View "Fox v. Mize" on Justia Law

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The petitioner-employer sought review of the Workers' Compensation Court of Existing Claims which upheld a trial court's determination that respondent-employee Jennifer Hodge suffered a change of condition for the worse to her left leg/knee when she was injured in a medical facility where she was receiving medical treatment to a previously adjudicated body part. The employer urged there was insufficient evidence to support the trial court's decision because: (1) any injury arose from an intervening negligent act; and (2) there was no medical evidence to support a worsening of condition to employee's left leg/knee. The three-judge panel disagreed with Employer and affirmed the trial court. Employer then filed a Petition for Review and the Court of Civil Appeals vacated the decision of the three-judge panel. Hodge filed a Petition for Certiorari to the Oklahoma Supreme Court. Granting review, the Supreme Court found competent evidence to support the decisions from the trial court and the three-judge panel. Accordingly, the Court vacated the Court of Civil Appeals and affirmed the Workers' Compensation Court. View "City of Tulsa v. Hodge" on Justia Law

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This appeal centered on the trial court's judgment after a bench trial that denied the Appellant's petition to cancel Appellee's oil and gas leases, to quiet title in favor of the Appellant's "top leases," and to hold Appellee liable for slander of title. The Oklahoma Supreme Court retained the appeal to address several issues of first impression. Through this opinion, the Court declined to adopt the definition of "capability" propounded by the Appellant and affirmed the district court's finding that Appellee's wells were capable of production in paying quantities. The Court affirmed the district court's judgment insofar as it quieted title in Appellee's favor as to leasehold interests located inside those wells' spacing units. The Court reversed the district court's judgment insofar as it quieted title in Appellee's favor as to leasehold interests in lands falling outside those wells' spacing units, because the statutory Pugh clause found in 52 O.S. 87.1(b) required it. Furthermore, the Court found that the title of the bill enacting the statutory Pugh clause did not violate Article V, Section 57 of the Oklahoma Constitution and that the effect of the statutory Pugh clause upon Appellee's leasehold interests did not result in an unconstitutional taking in violation of Article II, Section 23 of the Oklahoma Constitution. Lastly, the Court reversed the district court's judgment insofar as it quieted title in Appellee's favor as to leases upon which no well had ever been drilled. View "Hall v. Galmor" on Justia Law

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Appellant, John Burks was a bondsman who posted one hundred thousand dollar ($100,000) bail for defendant Billy Durfey in a criminal case. Durfey did not appear in court and the court forfeited the bond. On December 15, 2014, the same day that Durfey failed to appear, the bondsman made a written request to the Sheriff's office that Durfey be entered into the National Crime Information Center (NCIC) database. The bondsman did not place any restrictions or limitations on his request and he signed a letter agreeing to pay for all extradition expenses incurred in returning Durfey to Garvin County, Oklahoma. Days later, Burks learned that the Sheriff's office had entered Durfey into the database, but that the extradition directive had been geographically limited to Oklahoma and its surrounding states. At his own expense, Burks conducted an investigation for Durfey which led him to Montana. Local law enforcement, however, was unable to assist Burks because Durfey was not listed in the NCIC database due to the restrictions placed by the Garvin County Sherriff. Burks again contacted the Sheriff's office and asked that any territorial restrictions be removed. It was not until the Bondsman obtained information that Durfey may have traveled to Mexico that an Oklahoma Highway Patrol Trooper assigned to the U.S. Marshal's office got involved. The Sheriff ultimately lifted the geographical restrictions pursuant to the Highway Patrol's request. The bondsman paid the bond forfeiture after he was unable to apprehend Durfey and return him to Garvin County. The only question presented to the Oklahoma Supreme Court in this case was whether, under the facts of this case, the bondsman was entitled to remittance of the posted bond pursuant to 59 O.S. Supp. 2014 section 1332. The Supreme Court found Burks fully complied with 59 O.S. Supp. 2014 section 1332, yet the Sheriff did not honor his request within the statutory period. Consequently, the bond was exonerated by operation of law. Burks presented convincing evidence of good cause why Durfey did not appear. The bondsman was entitled to remittance of the posted bond pursuant to statute. View "Oklahoma v. Durfey" on Justia Law

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The question before the Oklahoma Supreme Court in this case centered on whether evidence in the underlying workers compensation proceeding should have been excluded by the administrative law judge, as well as the constitutionality of several provisions of the Administrative Workers Compensation Act (AWCA) that required mandatory use of the Sixth Edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment (AMA Guides, Sixth Edition) to evaluate permanent partial disability (PPD). Petitioner Robert Hill was a paramedic working for Respondent American Medical Response (Employer), when he injured his right shoulder while lifting a person of large body habitus. Hill underwent surgery to repair a torn rotator cuff. After post-operative physical therapy, Hill was released at maximum medical improvement and given permanent restrictions. Employer admitted the injury and benefits were provided pursuant to the provisions of the AWCA. Employer was apparently unable to accommodate Hill's permanent restrictions, and so Hill was no longer employed with American Medical Response. Per Hill's testimony, he found work with a new employer and made approximately 25% less per year. Hill submitted a report by Dr. Stephen Wilson, who opined that Hill sustained 8% whole person impairment pursuant to the AMA Guides, Sixth Edition, and 31.8% impairment pursuant to the AMA Guides, Fifth Edition. Dr. Wilson did not express an opinion as to which rating more accurately described Hill's PPD. Employer's evaluating physician, Dr. William Gillock, asserted in his own report that Hill sustained 4.2% whole person impairment pursuant to the AMA guides, Sixth Edition. The Supreme Court determined the administrative law judge did not err by admitting the challenged evidence. Furthermore, the Court determined the mandatory use of the AMA Guides, Sixth Edition, for assessing impairment for non-scheduled members did not violate the Constitution. View "Hill v. American Medical Response" on Justia Law

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Daniel Phillips was convicted of multiple counts of indecent or lewd acts with children under the age of sixteen. The mother of the children sued Phillips, alleging various torts arising out of his crimes. The mother moved for partial summary judgment in the case, arguing that Phillips's conviction for the crimes established his liability for the torts. In response, Phillips argued that because his conviction was the product of an Alford plea--where a defendant admitted there was sufficient evidence to support a conviction, but nonetheless insisted that he did not commit the crimes--his conviction could not preclude him from disputing liability in the civil case. The district court agreed with the mother, granting partial summary adjudication in her favor on the issue of liability. Phillips asked the district court to certify that decision for immediate review. The district court did so, and Phillips timely petitioned the Oklahoma Supreme Court for certiorari. The Court granted the petition and, finding no reversible error in the district court's decision, affirmed. View "Martin v. Phillips" on Justia Law

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CompSource Mutual Insurance Company and the Oklahoma Association of Electric Self Insurers requested rebates from the Oklahoma Tax Commission based upon previously paid Multiple Injury Trust Fund assessments. The requests were denied as an Executive Order by the Governor stated the authority for the rebates had been repealed by implication and directed no rebates be funded. The parties seeking rebates filed a protest with the Oklahoma Tax Commission. The protests were consolidated and an administrative law judge concluded the Protestants were entitled to the rebates. The Tax Commission, with two Commissioners voting, denied both protests and directed the administrative law judge to issue findings, conclusions and recommendations consistent with the denial. The protestants appealed to the Oklahoma Supreme Court in separate appeals. Protestants filed motions to retain which were granted and their appeals were made companion appeals by prior order of the Court. The Supreme Court consolidated the cases for a single opinion, holding no repeal by implication occurred, the statute at issue was not expressly repealed by the Legislature, no due process violation occurred when the requests for rebates were denied, protestants were not entitled to payment of interest on their rebates, and the cases were remanded to the Tax Commission for processing the protestants' requests for rebates. View "CompSource Mutual Ins. Co. v. Oklahoma ex rel. Okla. Tax Comm." on Justia Law

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On May 1, 2018, Respondents-proponents Dr. Tom Coburn, Brooke McGowan, and Ronda Vuillemont-Smith timely filed Referendum Petition No. 25, State Question No. 799 (the petition) with the Oklahoma Secretary of State. The petition sought to refer HB 1010xx to the people of Oklahoma for their approval or rejection at the regular election to be held on November 6, 2018. Protestants, several educators and organizations purporting to represent Oklahoma educational interests, timely filed an original action protesting the legal sufficiency of the petition, asserting the gist of the petition was legally insufficient for several reasons, and further asserted the petition was legally insufficient for failure to include an exact copy of the text of the measure as required by 34 O.S. Supp. 2015 sec. 1. Finding the referendum was indeed insufficient, the Oklahoma Supreme Court declared it invalid and ordered stricken from the November 2018 ballot. View "Oklahoma's Children, Our Future, Inc. v. Coburn" on Justia Law