Res Ipsa Loquitur Law
 
Tracy R. Smith v. Robert F. Hines, M.D.

¶1 Before considering the merits of this cause, we address two preliminary matters. The first is Hines' assertion that the plaintiff's expert was not qualified, as a neurologist, to evaluate any damage that could have occurred during orthopedic surgery. We found that argument unconvincing in Smith v. Hines, 2011 OK 51(Smith I), fn. 12, 261 P.3d 1129, and we do so here as well.1

¶2 The sec

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Timothy Wall v. John S. Marouk, D.O.

¶1 The dispositive issue presented is whether, in the aftermath of Zeier v. Zimmer, 2006 OK 98, 152 P.3d 861, the legislative amendment to 12 O.S. 2011§191 , removed the unconstitutional infirmity from the requirement of an affidavit of merit in any civil action for professional negligence. An examination of the Okla. Const. art. 5, §462, art. 2, §63, 63 O.S. 2011 §1-1708.1C, as well as prior

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Leroy J. Rasanen v. John Doe

19 Plaintiff-Appellant Leroy J. Rasanen is the father and estate administrator of John
20 C. Rasanen, who was shot and killed by Defendant-Appellee Daniel Brown, a New York
21 State Police trooper, during a (warranted) search of John Rasanen’s home. Plaintiff began
22 this action against Brown and others in May 2004. Plaintiff’s September 2004 amended
23 complaint alleged one c

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Cristina Zvunca v. Greyhound Lines, Inc.

In these consolidated appeals, Tiberiu Klein appeals the district court’s dismissal of his wrongful death suits. While this case was pending before our court, the Illinois settlement order on which the district court based its dismissal was vacated by the Illinois Appellate Court. Cushing v. Greyhound Lines, Inc., No. 1-10-3194, 2013 IL App (1st) 103197 (Ill. App. Ct. May 16, 2013). Exercising j

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Western Watersheds Project v. Bureau of Land Management

Petitioner-Appellant Western Watersheds Project (“WWP”) challenged a Bureau of Land Management (“BLM”) decision to grant a 10-year grazing permit to LHS Split Rock Ranch, LLC (“Split Rock”) for four federal public land allotments in central Wyoming (“the Split Rock allotments”). WWP asserted that BLM’s decision to grant the grazing permit was arbitrary and capricious because BLM

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Victor H. Tamayo v. Sheriff Omar Lucio

A trial court dismissed appellant Victor Tamayo’s case by granting a plea to the jurisdiction filed by the appellee, Cameron County Sheriff Omar Lucio in his official capacity. In two issues, Tamayo argues that: (1) governmental immunity did not bar

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his suit because he alleged a statutory violation and was not seeking monetary damages, and (2) the Cameron County Sheriff was t

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Circle Ridge Production, Inc. v. Kittrell Family Minerals, LLC

Kittrell Family Minerals, LLC,1 brought a declaratory judgment2 and conversion suit against Circle Ridge Production, Inc., alleging that Circle Ridge failed to pay the prescribed overriding royalties even after receiving notice of its failure. Kittrell claimed the failure resulted in a forfeiture of the assignment of an oil and gas lease. The trial court granted Kittrell’s motion for summary jud

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Tamara Lynn Ramaker v. Jeanette Abbe, Gary Hobbs, Denise Lackey, Shelly Mattson, Stacy McCoy, Anita Paniagua and Amber Ross

Tamara Lynn Ramaker appeals from the judgment that she take nothing by her claims for breach of contract against appellees Jeanette Abbe, Gary Hobbs, Denise Lackey, Shelly Mattson, Stacy McCoy, Anita Paniagua and Amber Ross, and that appellees recover $5,000 in attorney’s fees from her. On appeal, Ramaker challenges the trial court’s determinations that the appellees were justified in repudiat

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State of Oklahoma v. United States Environmental Protection Agency

In these consolidated petitions for review, petitioners1 challenge a final rule promulgated by the United States Environmental Protection Agency under the Clean Air Act. The petitioners argue that the EPA impermissibly rejected Oklahoma’s plan to limit the emissions of sulfur dioxide at Oklahoma Gas and Electric Company power plants and replaced it with its own more stringent

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Clear Lake Center, L.P. v. Garden Ridge, L.P

Garden Ridge, L.P. sued Clear Lake Center, L.P. for breach of a commercial real property lease. Garden Ridge claimed that Clear Lake charged Garden Ridge for impermissible management fees under the lease. Garden Ridge moved for summary judgment on its affirmative claim and on Clear Lake‘s counterclaim for declaratory relief. Clear Lake responded and moved for summary judgment on its affirmative

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Dresser-Rand Company v. Scott M. Bolick

Appellant Dresser-Rand Company challenges the trial court’s orders denying its motion for summary judgment and granting summary judgment in favor of appellee Scott M. Bolick. We reverse the summary judgment granted in favor of Bolick and render judgment in favor of Dresser-Rand.

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BACKGROUND

Bolick was originally hired by Dresser-Rand in 2006. He worked out of Albany, New Yo

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The Department of Natural Resources v. Shirley A. Waide

¶ 1 Plaintiff, the Department of Natural Resources of the State of Illinois (Department), formerly the Department of Conservation, sought reformation of a warranty deed or a declaration that the warranty deed did not reserve an undivided one-fourth interest in the mineral rights of certain property conveyed by the warranty deed. Defendants, the heirs and assignees of the estate of the previous ow

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Joseph Brown v. United Airlines, Inc.

These appeals pose a question of first impression: Can the plaintiffs, skycaps affiliated with two major airlines, maintain common-law actions for unjust enrichment and tortious interference based on the airlines' imposition and retention of baggage-handling fees for curbside service? Concluding, as we do, that the plaintiffs' actions intrude into a no-fly zone demarcated by the preemption provisi

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Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two

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statutes of repose.1 In two issues, Jenkins argues that the tria

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Robert R. Burchfield v. Prosperity Bank

This is an appeal from a summary judgment in favor of a bank against a guarantor on a note. The issue we consider is whether the bank is precluded from suing a joint-and-severally liable co-guarantor for a deficiency on a note if the

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bank already holds an uncollected judgment against another joint-and-severally liable co-guarantor for the full amount of the deficiency. We answer th

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Steven Allender v. Katy Chamber of Commerce d/b/a Katy Area Chamber of Commerce, and Katy Chamber of Commerce d/b/a Katy Rice Harvest Festival

This is a personal injury case arising out of an automobile-pedestrian accident. Plaintiff-appellant Steven Allender was struck by a car driven by

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defendant Judith Cooper at the 2006 Katy Rice Harvest Festival, which was organized by defendant-appellees Katy Chamber of Commerce d/b/a Katy Area Chamber of Commerce, and Katy Chamber of Commerce d/b/a Katy Rice Harvest Festival (“Ka

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Yigal Bosch v. Braes Woods Condominium Association

This suit arises from the foreclosure of eighteen condominium units in the Braes Woods Condominium complex. Yigal Bosch sued the Braes Woods Condominium Association for wrongful foreclosure. Braes Woods moved for summary judgment, contending, among other things, that res judicata bars Bosch’s suit. The trial court granted the motion. Bosch appeals that ruling, and the trial

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court

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Wanda S. Harper v. Carolyn W. Colvin

Wanda S. Harper appeals from the district court’s order upholding the Commissioner’s denial of her applications for Disability Insurance Benefits and

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 In accordance with Rule 43(c)(2) of the Federal Rules of Appellate Procedure, Carolyn W. Colvin is substituted for Michael J. Astrue as the defendant-appellee in this action.

 After e

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Carol Jean Byington v. William Estes

Carol Jean Byington sued William Estes on an auto negligence theory claiming:

1 The Plaintiff, Carol Jean Byington, is a resident of Tulsa County, Oklahoma

2. The Defendant, William Estes, is a resident of Tulsa County, Oklahoma.

3. The Defendant, Wade Melson, isa resident of Tulsa County, Oklahoma.

4. The accident and injuries that are the subject of this dispute occur

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Erie Insurance Exchange v. Erie Indemnity Company

We are asked to determine whether this case is a class action that belongs in federal court under the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4 (“CAFA”). Erie Insurance Exchange (“Exchange”) filed suit against its attorney-in-fact, Erie Indemnity Co. (“Indemnity”), in Pennsylvania state court, alleging that Indemnity misappropriated over $300 million in fees tha

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Wade Jensen v. Solvay Chemicals, Inc.

Solvay could never be sure just how much its pension plan would affect its bottom line. Because it promised retirees a defined benefit, the company was on the hook to cover the difference whenever the plan’s performance fell short. In 2000, Solvay didn’t have to contribute anything. But in 2003, it had to meet a $23 million shortfall. Displeased with the volatility of this arrangement — not

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Edward Baldridge v. Chuck Brauner

After Edward Baldridge’s employment was terminated by Spring Branch Independent School District (“District”) Police Department, he filed suit claiming

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that the District and its Chief of Police, Chuck Brauner (Brauner, collectively with District, appellees) violated Government Code section 614.023 and sought declaratory and injunctive relief.1 The trial court denied appellant

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Hobby Lobby Stores, Inc. v. Kathleen Sebelius

This case requires us to determine whether the Religious Freedom Restoration Act and the Free Exercise Clause protect the plaintiffs—two companies and their owners who run their businesses to reflect their religious values. The companies are Hobby Lobby, a craft store chain, and Mardel, a Christian bookstore chain. Their owners, the Greens, run both companies as closely held family businesses an

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United States v. Edith Schlain Windsor

Two women then resident in New York were married in a lawful ceremony in Ontario, Canada, in 2007. Edith
Windsor and Thea Spyer returned to their home in New York City. When Spyer died in 2009, she left her entire estate to Windsor. Windsor sought to claim the estate tax exemption for surviving spouses. She was barred from doing so, however, by a federal law, the Defense of Marriage Act, which

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Rosina Jeanne Drake v. Janice Marie Pinkham

Plaintiff Rosina Jeanne Drake (Gina) appeals from a summary judgment entered in favor of defendants Janice and Daniel Pinkham, Gina‟s sister and brother-in-law, on Gina‟s petition to invalidate two amendments to a revocable trust (Prob. Code, § 17200)1, for a declaration that defendants predeceased the decedent (§ 259, subd. (a)), for imposition of a constructive trust, and for damages. The

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