Strickland v. Stephens Production Co.

An employee of a trucking company was killed while on the job at an oil-well site. The employee's surviving daughter brought a wrongful death action against the owner and operator of the well site, Stephens Production Company. Stephens Production Company moved to dismiss the case pursuant to 85A O.S. Supp. 2013 sec. 5(A), which provides that "any operator or owner of an oil or gas well . . . shall be deemed to be an intermediate or principal employer" for purposes of extending immunity from civil liability. The district court denied the motion to dismiss, finding that section 5(A) of Title 85A was an unconstitutional special law. The trial court certified the order for immediate interlocutory review, and the Oklahoma Supreme Court granted certiorari review. The Supreme Court concluded that the last sentence of section 5(A) of Title 85A was an impermissible and unconstitutional special law under Art. 5, section 59 of the Oklahoma Constitution. The last sentence of section 5(A) was severed from the remainder of that provision. View "Strickland v. Stephens Production Co." on Justia Law