13 Oklahoma opinions name it 2 courts 1949–2024 1 in the last five years
The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Samuel Roberts Noble Foundation, Inc. v. Vickgreen2 sentences2006T7 The discovery rule is an equitable principle which shields a plaintiff from the acerual of a cause of action until he discovers, or by the exercise of reasonable diligence should have discovered that he may have an actionable claim. 51 Am.Jur.2d Limitation of Actions § 179 (2000); Samuel Roberts Noble Found. v. Vick, 1992 OK 140, ¶ 22 , 840 P.2d 619, 624 . 2006T7 The discovery rule is an equitable principle which shields a plaintiff from the acerual of a cause of action until he discovers, or by the exercise of reasonable diligence should have discovered that he may have an actionable claim. 51 Am.Jur.2d Limitation of Actions § 179 (2000); Samuel Roberts Noble Found. v. Vick, 1992 OK 140, ¶ 22 , 840 P.2d 619, 624 . | 1 | 2 |
Indiana National Bank v. State Department of Human Servicesgreen2 sentences2015Indiana Nat'l Bank, 1994 OK 98 at ¶ 3, 880 P.2d at 375 . . 2015Indiana Nat'l Bank , 1994 OK 98 at ¶ 3, 880 P.2d at 375. 7 The allegation regarding what transpired regarding the report of Daughter's abuse may also be considered as a complaint about enforcement of the law. | 1 | 2 |
Oldfield v. The Athletic Congressgreen1 sentence2005Oldfield v. Athletic Congress, 779 F.2d 505, 507 (9th Cir.1985) [Athlete who participated in 1972 Olympic Games and later signed a professional performance contract lacked private right of action to challenge his disqualification from further participation in amateur athletics.]; DeFrantz v. United States Olympic Committee, 492 F.Supp. 1181, 1194 (D.C.1980), affirmed, 226 U.S.App.D.C. 210 , 701 F.2d 221 (1980) [Olympic Committee had authority to decide not to send a team to the summer Olympics and Committee’s decision was not state action and did not give rise to an actionable claim for infrin | 1 | 1 |
DeFrantz v. United States Olympic Committeegreen1 sentence2005Oldfield v. Athletic Congress, 779 F.2d 505, 507 (9th Cir.1985) [Athlete who participated in 1972 Olympic Games and later signed a professional performance contract lacked private right of action to challenge his disqualification from further participation in amateur athletics.]; DeFrantz v. United States Olympic Committee, 492 F.Supp. 1181, 1194 (D.C.1980), affirmed, 226 U.S.App.D.C. 210 , 701 F.2d 221 (1980) [Olympic Committee had authority to decide not to send a team to the summer Olympics and Committee’s decision was not state action and did not give rise to an actionable claim for infrin | 1 | 1 |
Florida High School Athletic Ass'n v. Melbourne Central Catholic High Schoolgreen1 sentence2005Oldfield v. Athletic Congress, 779 F.2d 505, 507 (9th Cir.1985) [Athlete who participated in 1972 Olympic Games and later signed a professional performance contract lacked private right of action to challenge his disqualification from further participation in amateur athletics.]; DeFrantz v. United States Olympic Committee, 492 F.Supp. 1181, 1194 (D.C.1980), affirmed, 226 U.S.App.D.C. 210 , 701 F.2d 221 (1980) [Olympic Committee had authority to decide not to send a team to the summer Olympics and Committee’s decision was not state action and did not give rise to an actionable claim for infrin | 1 | 1 |
Slaton v. Vansicklegreen2 sentences1996However, none of the cases in which we denied recovery involved circumstances in which the plaintiff was actually injured in the accident. 8 We recognized in Slaton v. Vansickle, 872 P.2d 929, 931 (Okla.1994) that a plaintiff may recover on a claim for physical injury if it is accompanied by mental stress or when metal distress is accompanied by physical injury if the negligent act created a breach of duty to the party. 9 Mental anguish cases focus on the duty of care the defendant owes to a particular class of plaintiffs. 1996However, none of the cases in which we denied recovery involved circumstances in which the plaintiff was actually injured in the accident. [8] We recognized *246 in Slaton v. Vansickle, 872 P.2d 929, 931 (Okla.1994) that a plaintiff may recover on a claim for physical injury if it is accompanied by mental stress or when metal distress is accompanied by physical injury if the negligent act created a breach of duty to the party. [9] Mental anguish cases focus on the duty of care the defendant owes to a particular class of plaintiffs. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bosh v. Cherokee County Building Authority
red
2 sentences2015Auth., 2013 OK 9 , 305 P.3d 994 , did not create an actionable claim under the facts of this case. 2015Auth., 2013 OK 9 , 305 P.3d 994 , did not create an actionable claim under the facts of this case. | 2 | 2015–2015 |
Washington v. Barry
green
2 sentences2011The Court then addressed the prisoner's claim, based on the same incident, that his constitutional rights had been violated, concluding that the "[p]laintiff had a potential cause of action for the excessive use of force by the defendant prison employees but failed to state an actionable claim in his petition." Washington, 2002 OK 45, ¶ 9 , 55 P.3d at 1038 . 2011The Court then addressed the prisoner's claim, based on the same incident, that his constitutional rights had been violated, concluding that the "[p]laintiff had a potential cause of action for the excessive use of force by the defendant prison employees but failed to state an actionable claim in his petition." Washington, 2002 OK 45, ¶ 9 , 55 P.3d at 1038 . | 2 | 2011–2011 |
Whitley v. Albers
green
2 sentences2011Applying the analysis used in Whitley v. Albers , the Court found that Washington's "potential" claim failed to show the necessary "wantonness in the infliction of pain." Id. ¶ 13, 55 P.3d at 1039 (citing 475 U.S. 312, 320-21 , 106 S.Ct. 1078, 1085 ). ¶ 31 In reaching this conclusion, the Washington Court found that the GTCA provided no immunity for Washington's claim for violation of his constitutional rights. 2011Applying the analysis used in Whitley v. Albers , the Court found that Washington's "potential" claim failed to show the necessary "wantonness in the infliction of pain." Id. ¶ 13, 55 P.3d at 1039 (citing 475 U.S. 312, 320-21 , 106 S.Ct. 1078, 1085 ). ¶ 31 In reaching this conclusion, the Washington Court found that the GTCA provided no immunity for Washington's claim for violation of his constitutional rights. | 2 | 2011–2011 |
Tomlinson v. Love's Country Stores, Inc.
green
2 sentences2012Tomlinson v. Love's Country Stores, Inc., 1993 OK 83, ¶7 , 854 P.2d 910, 915 . 2012Tomlinson v. Love's Country Stores, Inc., 1993 OK 83, ¶7 , 854 P.2d 910, 915 . | 1 | 2012–2012 |
Greene v. Gibraltar Mortgage Inv. Corp
green
1 sentence2005Oldfield v. Athletic Congress, 779 F.2d 505, 507 (9th Cir.1985) [Athlete who participated in 1972 Olympic Games and later signed a professional performance contract lacked private right of action to challenge his disqualification from further participation in amateur athletics.]; DeFrantz v. United States Olympic Committee, 492 F.Supp. 1181, 1194 (D.C.1980), affirmed, 226 U.S.App.D.C. 210 , 701 F.2d 221 (1980) [Olympic Committee had authority to decide not to send a team to the summer Olympics and Committee’s decision was not state action and did not give rise to an actionable claim for infrin | 1 | 2005–2005 |
Defrantz v. U. S. Olympic Committee
neutral
1 sentence2005Oldfield v. Athletic Congress, 779 F.2d 505, 507 (9th Cir.1985) [Athlete who participated in 1972 Olympic Games and later signed a professional performance contract lacked private right of action to challenge his disqualification from further participation in amateur athletics.]; DeFrantz v. United States Olympic Committee, 492 F.Supp. 1181, 1194 (D.C.1980), affirmed, 226 U.S.App.D.C. 210 , 701 F.2d 221 (1980) [Olympic Committee had authority to decide not to send a team to the summer Olympics and Committee’s decision was not state action and did not give rise to an actionable claim for infrin | 1 | 2005–2005 |
Green v. Harris
green
2 sentences2004Citing Green v. Harris, 2003 OK 55 , 70 P.3d 866 , Plaintiff asserts that an actionable claim for negligent entrustment exists, and a vehicle owner is Hable for damages caused by one driving his vehicle, when the owner allows the other driver to operate the vehicle and knows or reasonably should know that the other driver is careless, reckless or incompetent to operate it. 2004Citing Green v. Harris, 2003 OK 55 , 70 P.3d 866 , Plaintiff asserts that an actionable claim for negligent entrustment exists, and a vehicle owner is Hable for damages caused by one driving his vehicle, when the owner allows the other driver to operate the vehicle and knows or reasonably should know that the other driver is careless, reckless or incompetent to operate it. | 1 | 2004–2004 |
Bradford Securities Processing Services, Inc. v. Plaza Bank & Trust
green
2 sentences1999The Supreme Court consequently concluded that where the defendant attorney failed to obtain execution of testatrix’ will pursuant to 84 O.S. § 41(B) and plaintiff/will-beneficiary arguably suffered foreseeable harm as a result, summary judgment for the defendant/attorney should be reversed. ¶ 15 In Bradford Securities Processing Services, Inc., the Supreme Court held on a certified question if the defendant attorney should reasonably have foreseen potential third-party injury, but “fails to exercise the care that an ordinarily prudent pei'son should have exercised under the circum stances, he 1999The Supreme Court consequently concluded that where the defendant attorney failed to obtain execution of testatrix’ will pursuant to 84 O.S. § 41(B) and plaintiff/will-beneficiary arguably suffered foreseeable harm as a result, summary judgment for the defendant/attorney should be reversed. ¶ 15 In Bradford Securities Processing Services, Inc., the Supreme Court held on a certified question if the defendant attorney should reasonably have foreseen potential third-party injury, but “fails to exercise the care that an ordinarily prudent pei'son should have exercised under the circum stances, he | 1 | 1999–1999 |
Hesser v. Central National Bank & Trust Co. of Enid
green
1 sentence1999Under these authorities, Plaintiffs in essence asserted that Attorneys negligently advised OG & E concerning the terms of the ERW with foreseeably injurious consequences to Plaintiffs, i.e., resulting in an ERW offer of benefits different from the standard Retirement Plan, particularly with regard to the credit for interrupted years of service granted by the standard Retirement Plan but withheld from the ERW, the allegations of which stated an actionable claim for relief against Attorneys. ¶ 14 In Hesser , the Supreme Court held that “[a]s part of the agreement between [testatrix] and [attorne | 1 | 1999–1999 |
Parratt v. Taylor
red
2 sentences1989THE FOURTEENTH AMENDMENT GUARANTEES DUE PROCESS IF GOVERNMENT OFFICIALS ENGAGE IN GROSS NEGLIGENCE OR DELIBERATE ACTS DEPRIVING A PERSON OF LIFE, LIBERTY OR PROPERTY The determinative question is whether negligent deprivation of a liberty interest constitutes an actionable claim in the wake of the recent partial overruling of Parratt v. Taylor, 451 U.S. 527 , 101 S.Ct. 1908 , 68 L.Ed.2d 420 (1981), a case in which the United States Supreme Court had held that prisoners could not bring federal civil rights suits for negligent deprivation of property when state law provided an adequate remedy. 1989THE FOURTEENTH AMENDMENT GUARANTEES DUE PROCESS IF GOVERNMENT OFFICIALS ENGAGE IN GROSS NEGLIGENCE OR DELIBERATE ACTS DEPRIVING A PERSON OF LIFE, LIBERTY OR PROPERTY The determinative question is whether negligent deprivation of a liberty interest constitutes an actionable claim in the wake of the recent partial overruling of Parratt v. Taylor, 451 U.S. 527 , 101 S.Ct. 1908 , 68 L.Ed.2d 420 (1981), a case in which the United States Supreme Court had held that prisoners could not bring federal civil rights suits for negligent deprivation of property when state law provided an adequate remedy. | 1 | 1989–1989 |
Needham v. Grand Trunk Railway Co.
green
1 sentence1949The 'statute creates no new liability, but prevents the lapsing by death of an old one.’ ” It also quotes from Needham v. Railroad Co., 38 Vt. 294 , as follows: “ ‘The principles on ' which the intestate’s cause of action rested at common law are the same, irrespective of the cause of his death. | 1 | 1949–1949 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.