Charles M. Wilson

In Hicks v. Tulsa Dynaspan, Inc., the plaintiff appealed a summary judgment dismissing his claim for retaliatory discharge after he was fired following a workplace eye injury and pursuit of workers' compensation benefits. The trial court had ruled that Hicks did not engage in any protected acts under 85 O.S. 1981 §§ 5 & 6 before his dismissal and that punitive damages were unavailable in such actions. The appellate court reversed, holding that Hicks' notification of the injury and the company's confirmation of workers' compensation coverage constituted instituting proceedings sufficient to invoke statutory protection, creating a factual issue for the jury on the reason for discharge. It further determined that punitive damages are recoverable under the statutes when the elements of 23 O.S. § 9 are met, as the remedy is not limited to compensatory damages.

labor & employment

The case involved whether a bank holding a perfected security interest in a vehicle under Oklahoma's certificate of title statute could replevin the car from subsequent innocent purchasers who received clear title from a used car dealer after a forged release of the bank's lien had been filed with the tax commission. The trial court sustained the defendants' demurrers, entered judgment quieting title in the purchasers subject to their lender's lien, and awarded attorney fees to the prevailing parties including the dealer added as a defendant. On appeal, the court affirmed, holding that under the 1979 Motor Vehicle Title Act a security interest is perfected only by delivery of the lien entry form and title to the commission, and that the holder of a clean certificate prevails over an unnoted lien unless policy reasons require subordination. The court also upheld the attorney fee awards under the replevin statute, finding all defendants who successfully contested the claim to be prevailing parties.

propertybusiness & regulatory

In Weis v. Renbarger, plaintiff Betty Weis sued defendant Don Renbarger for $50 in vehicle damage, $20,000 for emotional distress, and $100,000 in punitive damages after a confrontation during her attempt to build a road along a section line on property owned by Renbarger; she also sought a temporary restraining order to prevent interference. The trial court issued a temporary injunction allowing Weis to proceed with road construction while restraining Renbarger from molesting her or interfering, except for permitting him to install a gate. On appeal, the court reversed the portion of the injunction that permitted Weis to open the fence and construct the road on the disputed property, holding that temporary injunctions under 12 O.S.1981 § 1382 must preserve the status quo rather than grant ultimate relief or alter possession before a full trial on the merits, but left the restraining provisions in place and remanded the case.

propertyprocedure

This case concerned the trial court's appointment of non-Indian successor guardians for three Indian children without notice to their Indian grandparents, who had previously appeared in related guardianship proceedings. The grandparents challenged the appointment under the Indian Child Welfare Act and due process principles, arguing they were entitled to notice as next of kin. The court held that the Indian Child Welfare Act's notice requirements do not apply to voluntary guardianship proceedings but that due process requires notice and an opportunity to be heard for interested parties in subsequent appointments, and that the Act's placement preferences govern. It reversed the trial court's order sustaining a demurrer and remanded for a hearing on the resignation and successor appointment consistent with state guardianship statutes and the federal Act.

family lawcivil rightsfederal powerprocedure

The case concerned a workers' compensation claim by Clarence Eslinger against his employer Cole Grain Co. for a 1980 workplace injury that caused 100% impairment to his left arm. The trial court and review panel awarded permanent total disability benefits based on economic factors, and the appellate court sustained the award. The court held that the 1977 Workers' Compensation Act permits such an award for total economic disability even in cases involving a scheduled member, because the Act's revised definition of permanent total disability focuses on incapacity to earn wages in any suitable employment and its amendment to the compensation schedule removed prior limits on additional benefits. The decision rested on evidence of the claimant's limited education, lack of skills, and other personal factors that rendered him unable to work despite the single-limb injury.

labor & employment

This probate case involved a dispute over the estate of Roy Freeman between his siblings (heirs at law) and his stepsons (contingent legatees under his 1972 will). The will left his property to his wife Linda, or if she predeceased him, to her two sons from a prior marriage; the couple divorced in 1979, Linda survived Roy (who died in 1980), and an Oklahoma statute revoked the spousal bequest due to divorce. The trial court ruled that the condition precedent of Linda predeceasing Roy had not occurred, so the stepsons took nothing and the siblings inherited the estate. The appellate court affirmed, holding that the will's plain language reflected Roy's intent for the contingent gift to the stepsons only upon the specific condition that his wife predecease him, with no broader intent shown despite arguments based on cases from other states. The decision focused on construing the particular will's terms rather than applying a general rule about divorce and alternate beneficiaries.

family lawproperty