Oklahoma Statutes
Okla. Stat. tit. 12, § 1054 (2026)
Action for death - Who may sue
✓ current as of July 2026
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In all cases where the residence of the party whose death has been caused as set forth in the preceding section of this article is at the time of his death in any other state or territory, or when, being a resident of this state, no personal representative is or has been appointed, the action provided in the said section may be brought by the widow, or where there is no widow, by the next of kin of such deceased. R.L. 1910, § 5282.
Notes of Decisions
Cited in 27
cases (2 in the last 5 years), 1954–2021 · leading case: Smith v. City of Stillwater, 2014 OK 42 (Okla. 2014).
Smith v. City of Stillwater, 2014 OK 42 (Okla. 2014). “Procedural History ¶2 Smith, as the natural father and next of kin of Decedent, filed a wrongful death action pursuant to 12 O.S. § 1054 on February 8, 2010, against the City, the County, and the State of Oklahoma.”
Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12 (Okla. 2018). “§ 1054 ), and: "When it is once conceded or established that the widow's action, under section 5945 of the statute, is an entirely new cause of action, it follows that it is independent, both in the right and the enforcement of it, of section 5943; in other words, this…”
Ouellette v. State Farm Mut. Auto. Ins. Co., 918 P.2d 1363 (Okla. 1994). “The terms of 12 O.S.1981 § 1054 are: "In all cases where the residence of the party whose death has been caused as set forth in the preceding section of this article is at the time of his death in any other state or territory, or when, being a resident of this state, no personal…”
Roth v. Mercy Health Ctr., Inc., 2011 OK 2 (Okla. 2011). “Okla. Stat. tit. 12, § 1054 (2001). 7 However, the wrongful death act is silent concerning instances where a personal representative has been previously appointed.”
Roberts v. Merrill, 386 P.2d 780 (Okla. 1963). “1951 § 1053 as modified by the Death Benefit Act, supra, the authorized persons (under 12 O.S.1951 § 1054)' ‘may maintain an action therefor against the latter (the employer).”
Gaither by & Through Chalfin v. City of Tulsa, 664 P.2d 1026 (Okla. 1983). “Title 12 O.S.1971 § 1054 3 provides that an action under 12 O.”
Abel v. Tisdale, 619 P.2d 608 (Okla. 1980). “3 Thus Tisdale was the proper party to bring the suit under 12 O.S.1971 § 1054. However, 12 O.S.1971 § 1053 gives the surviving children a beneficial interest in the recovery.”
Weeks v. Cessna Aircraft Co., 895 P.2d 731 (Okla. Civ. App. 1994). “In determining who may sue in a wrongful death action section 1053 must be read in conjunction with 12 O.S.1991 § 1054. Weavel v. United States Fidelity & Guar.”
Murg v. Barnsdall Nursing Home, 2005 OK 73 (Okla. 2005). “12 O.S.2001, § 1054. Action for death — Who may sue "In all cases where the residence of the party whose death has been caused as set forth in the preceding section of this article (Title 12, § 1053) is at the time of his death in any other state or territory, or when, being a…”
Earnest, Inc. v. LeGrand, 621 P.2d 1148 (Okla. 1980). “1979, § 1053 and 12 O.S.1971 § 1054. 10 At the time of adoption of the first Workers’ Compensation law in the State of Oklahoma, benefits were provided for accidental personal injury, but not for death.”
Murg v. Barnsdall Nursing Home, 2005 OK 74 (Okla. 2005). “12 O.S.2001, § 1054. Action for death — Who may sue "In all cases where the residence of the party whose death has been caused as set forth in the preceding section of this article (Title 12, § 1053) is at the time of his death in any other state or territory, or when, being a…”
Riley v. Brown & Root, Inc., 836 P.2d 1298 (Okla. 1992). “Title 12 O.S.1991 § 1054 lists those who may maintain an action for wrongful death.”
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