Decisions

Supreme Court of Oklahoma

FARGO v. HAYS-KUEHN

2015 OK 56, 111416Decided 06/30/2015

¶ 0 Jason Patterson (Patterson), the driver of a motorcycle died at the scene, and his passenger, plaintiff/appellant, Misty Dawn Fargo (Fargo), sustained severe injuries when the motorcycle collided head on with a vehicle that entered their lane of traffic. Fargo and plaintiff/appellant, the Estate of Jason Patterson, by and through Mother and Personal Representative Norma Patterson, sued defendant/appellee,Teresa Hays-Kuehn (Kuehn) and two other defendants 2 for negligence in failing to safely operate their respective vehicles. Kuehn, whose vehicle did not collide with the motorcycle, moved for summary judgment asserting that even if her actions were negligent, at most they created a condition and were not the proximate cause of plaintiffs' damages thereby relieving her of liability. The trial court sustained the motion and plaintiffs appealed. The Court of Civil Appeals affirmed finding Kuehn's actions were not the proximate cause of Plaintiffs' injuries and damages. We hold that whether Kuehn's actions were the proximate cause of the accident or merely a "condition" is a question for the trier of fact making summary adjudication inappropriate.

¶1 On June 24,2015, the Oklahoma Bar Association (Bar Association), notified the Court that the respondent, Betty Ann Pitts-Carwright (Attorney/respondent), had resigned from the Oklahoma Bar Association pending disciplinary proceedings. The disciplinary proceedings relate to: failure to communicate with clients, failure to appear on behalf of clients, failure to file pleadings, misappropriation of client funds; fraud, and forgery.

¶1 The Oklahoma Capitol Preservation Commission (Commission) filed for rehearing from this Court's opinion filed on June 30, 2015. "Generally, rehearing is granted: (1) to correct an error or omission; (2) to address an unresolved jurisdictional issue; or (3) to clarify the opinion." Tomahawk Res., Inc. v. Craven , 2005 OK 82 , supp. opinion on reh'g, ¶ 1 (internal citations omitted). We carefully consider the arguments of the Commission and find no merit warranting a grant of rehearing. The petition for rehearing of Appellee, Oklahoma Capitol Preservation Commission, is denied.

Court of Criminal Appeals

STATE v. ZUNGALI

2015 OK CR 8, S-2014-873Decided 05/01/2015

¶1 The State of Oklahoma appeals the October 9, 2014 order entered by the Honorable Gary E. Miller of the District Court of Canadian County in Case Nos. CF-2014-143 and CF-2014-144, sustaining Appellee Zungali's and Harris's Motions to Suppress Evidence. The district court's ruling prohibited admission of all evidence seized during a search of Appellees' minivan. We exercise jurisdiction under 22 O.S.2011, § 1053 (5) and reverse the district court's ruling.

NEWLUN v. STATE

2015 OK CR 7, F-2014-335Decided 04/16/2015

¶1 Appellant Starr Fernette Newlun, was tried in a non-jury trial in the District Court of Tulsa County, Case No. CF-2013-843, and convicted of Aggravated Driving Under the Influence of Alcohol, after former conviction of a felony DUI (Count 1), in violation of 47 O.S.Supp.2012, § 11-902 (D), and Failure to Yield at an Intersection (Count 2), in violation of 47 O.S.2011, § 11-403 . The Honorable William C. Kellough, who presided at trial, sentenced Newlun to five years suspended and a $600.00 fine for Count 1 and a fine of $10.00 for Count 2. From this Judgment and Sentence, Newlun appeals, raising the following questions:

STATE ex rel. PRUITT v. STEIDLEY

2015 OK CR 6, PR-2014-1050Decided 04/22/2015

¶1 The Attorney General for the State of Oklahoma, E. Scott Pruitt, has filed two applications for extraordinary writs in this Court, PR 2014-1050 and PR 2014-1073. Both applications seek the same relief from orders issued by the Honorable J. Dwayne Steidley, District Judge, in Rogers County District Court Case No. CF-2013-535, State of Oklahoma v. Cathryn Coleen Storey (PR 2014-1050) and Case No. CF-2014-5, State of Oklahoma v. Ellen Pittser (PR 2014-1073). The two cases are herewith consolidated for purposes of addressing the issue of whether the Attorney General can appear in the above referenced District Court cases and assume control of the prosecutions pursuant to its authority under Section 18(b)(A)(3) of Title 74.

Court of Civil Appeals

¶1 Defendant/Appellant J-Six Farms, L.P. (J-Six or Defendant), seeks review of the trial court's order granting judgment to Plaintiffs/Appellees Ralph Brewer and Karen Brewer (individually, by name, or collectively, Plaintiffs) in Plaintiffs' action to recover damages for breach of contract. In this appeal, Defendant asserts the trial court erred as a matter of law and abused its discretion in granting judgment to Plaintiffs.

BILYEU v. BILYEU

2015 OK CIV APP 58, 112300Decided 05/14/2015

¶1 Shyla Bilyeu (Mother) appeals a divorce decree awarding primary physical custody to Joseph Bilyeu (Father) with joint custody. On review, we find that the district court did not abuse its discretion in decreeing joint custody. We affirm.

¶1 This is a condemnation action initiated by the City of Muskogee ("Muskogee") against property owners, Defendants/Appellants Catherine Phillips and Orlin Phillips ("Property Owners"). Property Owners appeal from the trial court's Order overruling Defendants' exceptions to the Muskogee County Commissioners' Report in favor of Muskogee. 1

News

The Judicial Nominating Commission seeks applicants to fill the following judicial office:

District Judge
Seventh Judicial District, Office 9
Oklahoma County, Oklahoma

This vacancy is due to the resignation of the Honorable Bernard M. Jones effective July 30, 2015.

More information can be found at the Judicial Nominating Commission.

DAMIEN LEQUINT SMITH,

Petitioner,

v.

BAZECORP INVESTMENTS, INC.
CASUALTY CO. OF READING,
and COMPSOURCE OKLAHOMA,

Respondents.

Oral argument before the Oklahoma Supreme Court in the above-styled cause is set for 9:30a.m. on September 30, 2015, in the Supreme Court Courtroom located on the 2nd floor of the State Capitol. Petitioner will have thirty minutes to present oral argument. Respondents will have thirty minutes to present oral argument. Petitioners may reserve a portion of the thirty minutes for rebuttal. Petitioner and Respondents may share their allotted time with amici curiae. Justices may ask questions during and at the conclusion of each argument.

CRYSTAL WELLS, individually and as
Administrator of the ESTATE OF
ROBERT YOUNG, Deceased,

Plaintiff/ Appellant,

vs.

OKLAHOMA ROOFING & SHEET
METAL, L.L.C., and OKLAHOMA
ROOFING & SHEET METAL, INC.,

Defendants/ Appellees.

Order Scheduling Oral Argument

The captioned case is set for oral argument before this Court on the 21st day of August, 2015, at 11:00 a.m., in the Courtroom of the University of Tulsa College of Law, 3120 East 4th Place, Tulsa, OK 74104.

The Judicial Nominating Commission seeks applicants to fill the following judicial office:

District Judge
Fourteenth Judicial District, Office 6
Tulsa County, Oklahoma

This vacancy is due to the retirement of the Honorable Carlos Chappelle effective June 1, 2015.

More information can be found at the Judicial Nominating Commission.

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