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Oklahoma Court Decisions |
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Oklahoma Appellate Courts - All Recent Decisions
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Published Decisions within the last 7 days
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Supreme Court of Oklahoma:SCOTT v. ARCHON GROUP, L.P., 102782, 2008 OK 45, ___ P.3d ___, Decided: 05/06/2008
¶0 Certiorari was previously granted to review a Court of Appeals decision reversing the trial court's award of summary judgment to defendants in a premises liability action where plaintiffs sought recovery of damages from defendants for injuries suffered when a clearance beam at the entrance into the upper parking deck of the office building where plaintiff Robert Scott, Jr., worked fell on his truck after the truck struck the beam. Plaintiffs sued the building's owner, previous owners, interest holders and property management group and employee. The Honorable Vicki L. Robertson, trial judge, granted summary judgment to all defendants and plaintiffs appealed. We hold summary judgment was properly granted, reverse the decision of the Court of Civil Appeals and affirm the trial court.
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Supreme Court of Oklahoma:CIMMARRON TRANSPORTATION, LLC v. HEAVNER, 103197, 2008 OK 44, ___ P.3d ___, Decided: 05/06/2008
¶0 In an appeal from a ruling of the Cleveland County Board of Equalization, the district court of Cleveland County, Honorable William C. Hetherington, Jr., upheld the valuation for ad valorem taxes made by the Cleveland County assessor of inactive pipeline purchased by the appellant in 2002. Because the trial court failed to apply the proper standard of review by determining both facts and law de novo , as provided by statute, the cause must be reversed and remanded.
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Supreme Court of Oklahoma:GARNETT v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, 103332, 2008 OK 43, ___ P.3d ___, Decided: 05/06/2008
¶0 On August 20, 2002, Brady Fain's (Fain) car struck Douglas Hargrove's (the driver) pickup, in which Charles Garnett (the passenger) was a passenger. Government Employees Insurance Company (the insurer) insured both Fain and the driver. The passenger brought suit for payment under the driver's underinsured motorist policy. At the first trial, the insurer's counsel made inflammatory remarks about the passenger's expert medical witness, and the trial court declared a mistrial. The passenger moved for sanctions, and in his motion, disclosed a settlement offer made by the insurer during mediation. The insurer then moved for sanctions against the passenger. The trial court sanctioned the insurer and the passenger's counsel. At the second trial, the jury found for the passenger. The Court of Civil Appeals affirmed. We granted certiorari to address the first impression issue of whether a trial court may sanction a party or attorney for a disclosure of communications made during mediation. We find that, under the facts of this cause, the trial court erred by sanctioning the passenger's counsel. We also find that the trial court did not err by granting summary judgment on the issue of bad faith or by denying the insurer's motion for new trial.
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Recent Decisions