Oklahoma Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of Oklahoma or Court of Appeals of Oklahoma where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Lee v. Bates - 12/13/2005
__ P.3d __ ON CERTIORARI TO THE COURT OF CIVIL APPEALS, DIV. III The question presented on certiorari is whether COCA erred when it affirmed the trial judge's order dismissing the cause for improper venue. We answer in...

King Manufacturing v. Meadows - 11/1/2005
__ P.3d __ The primary issue presented is whether a workers compensation award for a change in condition is subject to statutory limits in effect at the time of the initial injury or when the change in condition is discovered....

Murg v. Barnsdall Nursing Home - 10/18/2005
__ P.3d __ The dispositive issue presented for our review is whether the letters of special administration of appellant, Wilhelm Murg, Jr., Individually and as Personal Representative of the Estate of Virginia Murg, Deceased,...

Clonts v. State ex rel Dep't of Health - 9/27/2005
__ P.3d __ Title 63 O.S.Supp. 2002, §1-1914.2(C) provides that when an operator of a licensed care facility files an administrative appeal in District Court from the Commissioner of the Oklahoma Health Department's appointment...

BP America - 9/20/2005
__ P.3d __ The United States District Court for the Northern District of Oklahoma certified two first impression questions of Oklahoma law to this Court under the Revised Uniform Certification of Questions of Law Act, 20 O.S....

Medlock v. Admiral Safe Co. - 9/9/2005
Mandate Issued: 10/20/2005 __ P.3d __ AFFIRMED IN PART AND REVERSED IN PART Part I On November 5, 1999, about 8 p.m., Defendant Rex Herd, proprietor of Defendant Admiral Safe Company, answered a telephone...

Adair Public Schools v. Haley - 9/9/2005
Mandate Issued: 10/20/2005 __ P.3d __ PROCEEDING TO REVIEW AN ORDER OF A THREE-JUDGE PANEL OF THE WORKERS' COMPENSATION COURT SUSTAINED Petitioners, Adair Public Schools and Compsource/OSAG (Employer), seek review...

Pemberton Chevrolet - 9/2/2005
Mandate Issued: 09/29/2005 SUSTAINED Petitioners Pemberton Chevrolet and Oklahoma Automobile Dealers Self-Insurance Association (Employer) seek review of an order of a three-judge panel which affirmed the Workers'...

Ameriresource Group - 9/2/2005
Mandate Issued: 09/29/2005 SUSTAINED IN PART, VACATED IN PART Petitioners, AmeriResource Group, Inc. and Compsource Oklahoma (collectively Employer), seek review of a Workers' Compensation Court (WCC) order, which, among...

Superior Bronze & Granite of America v. Cole - 7/8/2005
Mandate Issued: 08/11/2005 PROCEEDING TO REVIEW AN ORDER OF A THREE-JUDGE PANEL OF THE WORKERS' COMPENSATION COURT SUSTAINED Petitioners Superior Bronze & Granite of America and Arch Insurance Company (collectively,...

City of Enid - 7/5/2005
__ P.3d __ The dispositive question presented in this appeal is whether the Oklahoma Municipal Employee Collective Bargaining Act is a special law prohibited by the Okla. Const., art. 5, § 46. We answer the question in the...

Keco - 6/30/2005
Mandate Issued: 07/28/2005 __ P.3d __ SUSTAINED Petitioners Keco, Inc. (Employer) and Medmarc Insurance Company (Medmarc, or collectively, Petitioners) seek review of orders of the trial court holding Medmarc solely...

Parret v. UNICCO Service Co. - 6/28/2005
The electrocution death of a worker resulted in an action in the District Court for the Western District of Oklahoma. That court has certified two questions pursuant to the Revised Uniform Certification of Questions of Law Act, Okla....

Broadway v. Peak Medical Oklahoma No. 5 - 6/24/2005
Mandate Issued: 09/16/2005 AFFIRMED IN PART; REVERSED IN PART AND REMANDED Marsai Broadway, in her individual capacity and as Personal Representative of the Estate of Louise Taylor, filed a wrongful death action against...

Badillo v. Mid Century Insurance Co. - 6/21/2005
__ P.3d __ ORDER Rehearing is granted. The June 8, 2004 majority and dissenting opinions in the above-styled matter are withdrawn and the opinion issued this date is substituted therefor. Further,...

GEICO General Insurance Co. v. Northwestern Pacific Indemnity Co. - 6/14/2005
The United States District Court for the Western District of Oklahoma has certified a question of state law to this Court under the Oklahoma Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001 §§ 1601, et seq. The...

Association of County Commissioners of Oklahoma v. National American Insurance Co. - 6/1/2005
Mandate Issued: 07/08/2005 AFFIRMED Plaintiff/Appellant Association of County Commissioners of Oklahoma-Self-Insured Group (ACCO-SIG) sued Defendant/Appellee National American Insurance Company (NAICO) for breach of...

State ex rel Oklahoma Bar Association v. Parker - 5/3/2005
ORDER APPROVING RESIGNATION FROM THE OKLAHOMA BAR ASSOCIATION PENDING DISCIPLINARY PROCEEDINGS This matter is before this Court pursuant to Rules 8.1 and 8.2 of the Rules Governing Disciplinary Proceedings, 5 O.S. 2001,Ch. 1...

Pauls Valley Travel Center v. Boucher - 5/3/2005
__ P.3d __ ON CERTIORARI TO THE COURT OF CIVIL APPEALS, DIV. I. The broader question presented for our review is whether the Court of Civil Appeals (COCA) failed to apply the proper standard of review when it vacated the...

Mrs. Baird's Bakery v. Cox - 4/26/2005
We decide whether the Court of Civil Appeals (COCA), Division I (by 2-1 decision) erred in vacating a Workers' Compensation Court (WCC) three-judge panel's order affirming (as modified) a WCC trial judge's order that Mrs. Baird's...

State ex rel Oklahoma Bar Association v. Funk - 4/5/2005
__ P.3d __ RULE 6 BAR DISCIPLINE PROCEEDING The Oklahoma Bar Association ("OBA") filed a complaint against Respondent, a licensed attorney in Oklahoma, pursuant to Rule 6, RGDP, 5 O.S.2001, Ch. 1, App. 1-A. The complaint...

Knowlton v. Knowlton - 3/4/2005
Mandate Issued: 04/01/2005 The parties were divorced in Tulsa County, Oklahoma in 1998 and Wife received custody of the children. In her Motion to Modify Child Support, filed September 27, 2002, Wife stated that Husband had a...

Rose v. City of Tulsa - 2/18/2005
Mandate Issued: 06/03/2005 AFFIRMED Defendant City of Tulsa, a municipal corporation ("City") seeks review of the trial court's order granting a directed verdict for Plaintiff/Appellee Sonja Dee Rose ("Rose") on the issue...

Frasier - 2/15/2005
Mandate Issued: 06/03/2005 This is an appeal by a former law firm partner, from judgment entered on jury verdict in favor of the plaintiff law firm in its action for breach of contract, deceit and fraud. Based on our review of...

Roberson v. Jeffrey M. Waltner - 1/14/2005
Mandate Issued: 02/18/2005 AFFIRMED Plaintiff, Letha Roberson, filed this action in medical malpractice alleging Defendant, Jeffrey M. Waltner, improperly performed a hip replacement on her left hip. She alleged that as a...

Socia v. Traditions - 1/14/2005
Mandate Issued: 02/18/2005 On September 16, 2002, James Jay Socia, was fatally injured in an automobile accident. The decedent was survived by his mother, Movant/Appellant, Karen Szymanski, and his only child, Sarah Ann Socia,...

Thomas v. E-Z Mart Stores - 11/2/2004
__ P.3d __ The issue presented for our review on certiorari is whether the trial court was correct in determining in the context of a premises liability lawsuit that a business invitor's claims against a third party and its...

Tucker v. ADG - 9/21/2004
_ P.3d __ The issue in the present cause is whether the trial court erred in entering judgment as a matter of law in favor of Defendants/Appellees in accordance with Hull v. Oklahoma City Baseball Co., 1945 OK 194, 163 P.2d...

Berg v. Parker Drilling Co. - 9/21/2004
__ P.3d __ ON CERTIORARI TO THE OKLAHOMA COURT OF APPEALS, DIVISION II We previously granted certiorari in this review proceeding from an order of the Worker's Compensation Court to address employer's assertions that the...

Griffin v. Baker Petrolite Corp. - 9/17/2004
Mandate Issued: 10/15/2004 __ P.3d __ AFFIRMED Plaintiff/Appellant Charles Griffin (Plaintiff) seeks review of the trial court's order granting the motion for summary judgment of Defendant/Appellee Baker Petrolite...

Prince v. B.F. Ascher Company - 2/17/2004
Mandate Issued: 04/30/2004 __ P.3d __ On August 1, 1999, decedent Hubert A. Ballard died of acute propylhexedrine intoxication after intravenously injecting the extracted contents of a Benzedrex® nasal inhaler in order to...

American Economy Insurance Compay v. Bogdahn - 2/10/2004
__ P.3d __ FEDERAL CERTIFIED QUESTION OF LAW. Pursuant to the Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1611, the United States Court of Appeals for the Tenth Circuit on its own motion certified...

Price v. TLC Health Care - 2/10/2004
__ P.3d __ This is an action for injuries alleged to have been caused through substandard medical care provided at the Oak Dale Manor Nursing Home which is operated by TLC Health Care, Inc. (TLC). The action was brought by the...

Boston v. Buchanan - 12/23/2003
__ P.3d __ This case involves a trial court's dismissal of an action based upon its determination that the action was not diligently prosecuted by Plaintiffs. The primary issue on certiorari is the difference between dismissing...

Roads West - 12/19/2003
Mandate Issued: 05/27/2004 VACATED IN PART, SUSTAINED IN PART, AND REMANDED Petitioner, Roads West, Inc. (Employer), seeks review of an order of a three-judge panel of the Workers' Compensation Court, affirming the...

Eastern Oklahoma Building & Construction Trades Council v. Pitts - 12/16/2003
__ P.3d __ FACTS AND PROCEDURAL BACKGROUND In September 2001 the people of Oklahoma approved at a special election State Question 695, a referendum submitted to them by a Joint Resolution of the Oklahoma Legislature. Upon...

Davis v. Davis - 12/5/2003
Mandate Issued: 04/01/2004 After a trial on the merits, the trial court held the severance package Defendant/Appellee Jimmy Ray Davis (Husband) received upon being laid off by Seagate Technologies was not joint property subject...

Oil Well Cementers - 12/4/2003
Mandate Issued: 01/05/2004 __ P.3d __ Petitioners Oil Well Cementers, Inc. and Petrosurance Casualty Company (collectively, Employer) seek review of the trial court's order granting benefits for permanent total disability...

Ply v. National Union Fire Insurance Company of Pittsburgh - 11/12/2003
__ P.3d __ Plaintiff, Dale Ply, suffered severe electric burns in a tragic accident that occurred while he worked on overhead electric wires from the raised bucket of a bucket truck. Plaintiff's employer, Davis H. Elliot...

Hammock v. United States - 9/30/2003
__ P.3d __ Pursuant to the Uniform Certification of Questions of Law Act, 20 O.S.2001 §§ 1601-1611, and 10th Cir. R. 27.1, the United States Court of Appeals for the Tenth Circuit on its own motion certified the following...

Beale v. Beale - 9/30/2003
Mandate Issued: 10/24/2003 __ P.3d __ AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS Linda D. Beale (Wife) appeals from the trial court's December 28, 2001, order dividing the marital estate after...

Dempsey v. Ballard Nursing Center - 9/16/2003
Mandate Issued: 02/12/2004 This case concerns the denial of the workers' compensation claim of Ladonna Dempsey. A trial judge of the workers' compensation court ruled "claimant did not sustain an accidental personal injury [to...

Tibbetts v. Sight 'n Sound Appliance Centers - 9/16/2003
__ P.3d __ We decide here if the trial judge erred in awarding $375,000.00 in attorney fees to plaintiffs/appellees in their class action suit brought against defendant/appellant, Sight 'n Sound Appliance Centers, Inc., d/b/a...

Tomlinson v. Continental Casualty Company - 9/2/2003
Mandate Issued: 10/02/2003 __ P.3d __ REVERSED AND REMANDED Intervenor/Appellant Transcontinental Insurance Company (Transcontinental) appeals from the trial court's order which denied Transcontinental's Motion for...

Worsham v. Nix - 6/3/2003
Mandate Issued: 01/05/2004 __ P.3d __ In this action for legal malpractice, Plaintiff, Rae Worsham, appeals the summary judgment granted to Defendants, Jeff Nix and Scott Scroggs d/b/a Nix & Scroggs Law Firm. The...

Tisdale v. ITW Ramset/Red Head - 6/3/2003
Mandate Issued: 10/02/2003 __ P.3d __ Tom and Bertha Tisdale appeal from the district court's order dismissing their claim against ITW Ramset/Red Head. The issue in this action for personal injury is whether the district...

Williams v. Harrop Industries - 3/28/2003
Mardella Williams (Williams), the surviving spouse of Andral Lee Williams, Sr. (Employee), appeals from a trial court judgment in favor of Harrop Industries, Inc. (Harrop) on her claim for damages arising out of Employee's death as...

Gladstone v. Bartlesville Independent School District No. 30 - 3/18/2003
__ P.3d __ ON CERTIORARI TO THE COURT OF CIVIL APPEALS, DIV. II THE COURT OF CIVIL APPEALS' OPINION IS VACATED AND THE TRIAL COURT'S SUMMARY JUDGMENT IS AFFIRMED The dispositive issue on certiorari is whether the...

Shivel v. Wexford Health Sources - 3/11/2003
__ P.3d __ ON CERTIORARI TO THE COURT OF CIVIL APPEALS, DIVISION I Sandra Shivel, worked for a private healthcare provider and was required to have contact with prisoners. In this job she was attacked by an inmate and...

Brown v. Curtis - 3/11/2003
Mandate Issued: 05/23/2003 __ P.3d __ AFFIRMED Defendants, George Curtis and George Curtis, Jr. (the Curtises), appeal from orders of the Trial Court denying their request for a discovery-related attorney fee...

Eller v. County of Pittsburg - 3/4/2003
Mandate Issued: 07/31/2003 __ P.3d __ This is a proceeding to review an order of the Workers' Compensation Court awarding the claimant, among other things, benefits for permanent partial disability. The claimant contends...

State ex rel Oklahoma Bar Association v. Seratt - 3/4/2003
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. BAR DISCIPLINARY PROCEEDING Complainant, Oklahoma Bar Association,...

Clark v. Mazda Motor Corporation - 3/4/2003
__ P.3d __ The instant matter involves a question certified by the United States District Court for the Western District of Oklahoma in a manufacturers' products liability case. We are asked to answer the question of whether 47...

Ysbrand v. DaimlerChrysler Corp. - 2/25/2003
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. Buyers asserted warranty and common law fraud claims against automobile...

Loftis v. Multiple Injury Trust Fund - 12/20/2002
Modified: 03/25/2003 Mandate Issued: 03/21/2003 APPROVED FOR PUBLICATION BY THE SUPREME COURT __ P.3d __ VACATED AND REMANDED Petitioner, Clifford Loftis, Jr. (Claimant), seeks review of a Workers'...

Kuykendall v. Gulfstream Aerospace Technologies - 12/17/2002
__ P.3d __ The issue before us is whether Oklahoma will recognize a tort for bad faith against a self-insured employer who failed to pay for medicine prescribed for its employee as ordered by a Workers' Compensation Court. We...

St. Clair v. Hatch - 12/17/2002
__ P.3d __ ORIGINAL JURISDICTION ASSUMED; APPLICATION FOR WRIT OF PROHIBITION GRANTED; APPLICATION FOR WRIT OF MANDAMUS GRANTED. We assume original jurisdiction over these discovery disputes to decide an issue of first...

Graham v. Travelers Insurance Company - 12/17/2002
Modified December 30, 2002. WINFRED NIMROD GRAHAM, PLAINTIFF/APPELLANT, v. TRAVELERS INSURANCE COMPANY, DEFENDANT/APPELLEE. SYLLABUS BY THE COURT The Court of Civil Appeals, Division II, reversed the trial court's...

PESP/TSI Staffing v. Weese - 11/15/2002
PESP/TSI, Inc. and its insurance carrier, Legion Insurance Co. (collectively, Employer), seek review of a workers' compensation order which found Claimant Robert Weese had sustained an accidental personal injury arising out of and...

Moore v. PESP/TSI Group - 11/15/2002
Claimant Robin Moore asks us to vacate an order of a three-judge panel of the Workers' Compensation Court affirming a trial judge's denial of compensation based on a finding that Claimant's injury did not arise out of and in the...

Nicholas v. Morgan - 11/12/2002
__ P.3d __ Plaintiff/appellee sustained an on-the-job injury and hired two attorneys with the same firm, defendants/appellees, to represent him in his workers' compensation claim and third-party tort claim arising out of the...

Lamson & Sessions v. Doyle - 11/12/2002
Respondent, David Doyle ("Claimant"), petitioned this Court for certiorari review of the Court of Civil Appeals' ("COCA") opinion, reversing the order of the Workers' Compensation Court on statute of limitations grounds. In support...

Usrey v. Wilson - 11/1/2002
Plaintiffs Mark and Michelle Usrey hired Defendant Wilson to build a retaining wall. After the wall was finished, a section of it collapsed. They filed this action against Wilson for damages, plus costs and attorney fees. The jury...

Conterez v. O'Donnell - 9/10/2002
Modified: September 18, 2002 JESSE G. CONTEREZ, PLAINTIFF-APPELLANT v. TERRY S. O'DONNELL, REAL PARTY IN INTEREST-APPELLEE Glenn R. Beustring, Glenn R. Beustring and Associates, Tulsa, Oklahoma, and Joan Godlove, Tulsa,...

Manpower - 8/9/2002
Modified: 12/27/2002 __ P.3d __ SUSTAINED The Workers' Compensation Court found that claimant Becky Brawdy sustained a pathological change of condition for the worse to her low back and ordered temporary total...

Floyd v. Taco Mayo/Accord Human Resources - 6/25/2002
FACTS AND PROCEDURAL BACKGROUND Respondent, Accord Human Resources, owns and operates a Taco Mayo restaurant in Tecumseh, Oklahoma. The restaurant is managed by Pat McConnell, who co-owns it with his father, Phil McConnell....

State ex rel Oklahoma Bar Association v. Schraeder - 6/18/2002
__ P.3d __ BAR DISCIPLINARY PROCEEDING In this disciplinary proceeding against a lawyer, the issues to be decided are: Does the record submitted for our examination provide sufficient evidence for a meaningful de novo...

Darnaby v. Davis - 3/19/2002
Modified: October 28, 2002; modified October 31, 2002. CLESTA DARNABY AND JEFF DARNABY, PLAINTIFFS/APPELLANTS v. MARTIN J. DAVIS, D.O., DEFENDANT/APPELLEE APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY, OKLAHOMA HONORABLE...

Armstrong v. Unit Drilling - 3/12/2002
73 OBJ 899 __ P.3d __ CERTIORARI TO THE OKLAHOMA COURT OF CIVIL APPEALS, DIVISION NO. 1 The Court of Civil Appeals, Division 1, affirmed an order of the Workers' Compensation Court that had denied the request of...

Flanner v. Tulsa Public Schools - 2/12/2002
73 OBJ 539 __ P.3d __ ON CERTIORARI TO THE COURT OF CIVIL APPEALS, DIV. NO. 3 Inetta Flanner, claimant, sought an award for injuries sustained in a fall at work when she had an epileptic seizure and fell into a...

McCarty v. State - 2/5/2002
Appellant, Ryan Owen McCarty, was convicted by a jury of three counts of First Degree Murder, in violation of 21 O.S.Supp.1998, § 701.7, in the District Court of Canadian County, Case No. CF 98-518 . Following the verdicts, the...

Liddell v. Board of Commissioners of the County of Cleveland ex rel Board of Equalization of the County of Cleveland - 1/28/2002
On July 15, 1994, Plaintiff/Appellant filed the instant action against Defendants/Appellees for declaratory judgment, injunctive relief and refund of excessive ad valorem taxes. Plaintiff is a long-time developer of commercial and...

Hull v. Wellston Independent School District I 004 - 12/14/2001
Modified: 04/05/2002 Mandate Issued: 04/04/2002 __ P.3d __ APPEAL FROM THE DISTRICT COURT OF LINCOLN COUNTY, OKLAHOMA HONORABLE PAUL M. VASSAR, TRIAL JUDGE AFFIRMED Deborah A. Hull and Ty Bryant Hull...

Harns v. Multiple Injury Trust Fund - 9/28/2001
In 1995, Claimant Charlotte Harns suffered injuries to her right ankle, right knee, and right hip which arose out of and in the course of her employment by Goodwill Industries. In 1998, she settled her claim against Goodwill and...

Chornister-Ozbirn v. Multiple Injury Trust Fund - 9/28/2001
This review proceeding involves a claim against the Multiple Injury Trust Fund (Fund) and presents the question whether a so-called Crumby finding that Claimant Freda Chronister-Ozbirn had a twenty percent pre-existing impairment...

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