Thomas A. Layon
Jerry E. Truster
Professional Associations & Organizations
Papers, Publications & Presentations
Appellate Decisions & Verdicts
Appellate Decisions & Verdicts
automobile accident lawyers
Moon v. Guarantee Ins. Co., 1988 OK 85, 764 P.2d 1331.
Rejection of uninsured motorist coverage by owner of car rental agency under fleet policy not binding on customer.
Poindexter v. Unit Rig, 1994 OK CIV APP, Case #84173.
Subsequent hearing loss during extended employment with same employer deemed compensable under Oklahoma Workers' Compensation Act.
Kating v. Municipal Utility Board of Pryor, 1999 OK CIV APP 26, 977 P.2d 1142.
Negligence of municipality in maintenance of natural gas distribution system.
Tulsa Greenhouse, Inc. v. McDonald, 2000 OK CIV APP, Case #94615.
Consequential injury to left knee eight years after original back injury is compensable.
Multiple Injury Trust Fund v. Dean and Pilkington, at al., 2001 OK CIV APP 30, 24 P.3d 861.
Affirming $25,800,000.00+ verdict for 13,000+ injured workers.
Wonderbread v. Cress, 2001 OK CIV APP, Case #95549.
Award of Temporary Partial Disability benefits and Temporary Total Disability benefits to injured worker, light duty not available.
Deere v. Umholtz, 2001 OK CIV APP, Case #95,575.
Defended construction company against claim by injured subcontractor. Injured individual determined not to be an employee, and thus not entitled to workers' compensation benefits.
Colonial Manor v. Willis, 2001 OK CIV APP, Case #97242.
Cumulative trauma injury to back over eight hour shift deemed compensable under Oklahoma Workers' Compensation Act.
McDonald v. Tulsa Greenhouse, Inc., 2002 OK CIV APP, Case #97577.
Claimant entitled to an additional 300 weeks of temporary disability benefits for consequential injury to left knee under Oklahoma Workers' Compensation Act.
Dean and Pilkington, et al. v. Multiple Injury Trust Fund f/k/a Special Indemnity Fund of the State of Oklahoma, Administered by the State Insurance Fund, 2003 OK CIV APP 34, 67 P.3d 356.
Reversing the Trial Court which declined to certify a bench verdict of $25,800,000.00+ thus preventing class members from availing themselves of district court enforcement procedures for collection of the judgment.
Tulsa Greenhouse, Inc. and Oklahoma Employers Safety Group v. McDonald, 2003 OK CIV APP, Division #4 (10/14/03), Case #99,135.
Held that: (1) Injury to left knee eight years after original back injury is consequence of back injury and thus compensable even though the knee injury did not occur as a result of medical treatment. The Court declined to distinguish this case from Phillips v. Duke Manufacturing Inc., 1999 OK 25, 980 P.2d 137 and also declined to overrule Phillips. (2) That section of the Workers' Compensation Act in effect at the time of the subsequent injury (rather than the law in effect at the time of the original injury) is controlling regarding the benefits to which the injured worker may be entitled.
Dean and Pilkington, et al. v. Multiple Injury Trust Fund f/k/a Special Indemnity Fund of the State of Oklahoma, Administered by the State Insurance Fund, Division III, Case #100,295 consolidated with #100,371. (06/01/2005).
Reversing the Trial Court which: (1) had ruled that all 13,000+ members of the class had effectively opted out and (2) refused to certify a verdict with interest totaling more than $36,000,000.00.
Dean v. Multiple Injury Trust Fund, 2006 OK 78.
Oklahoma Supreme Court reversed the Trial Court which: (1) had ruled that all 13,000+ members of the class had effectively opted out, but (2) sustained the Trial Court's ruling that refused to certify a verdict with interest totaling more than $36,000,000.00.
Zeier v. Zimmer, et al., 2006 OK 98.
The Oklahoma Supreme reversed the Trial Court and declared Title 63 O. S. Supp. 2003, Section 1-1708.1E unconstitutional. At issue was the viability of this tort reform provision passed as a result of intense lobbying by the Oklahoma Medical Association and its business allies, and which required a threshold qualifying affidavit from a medical expert as a pre-condition before an injured patient could proceed with the filing of a medical negligence claim.
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