Oklahoma City, OK
Car accident Lawyer at Oklahoma City, OK
Practice Areas: Car Accidents, Discrimination ... +5 more
OUTCOME: Motions to Dismiss were denied or found to be moot, Sufficient facts were plead under Rehab Act, OADA, FMLA, and State waived immunity under ADA so all may go forward.
University moved for dismissal of claims under (1) Rehabilitation Act; (2) Okla. Anti-Discrimination Act.; (3) Personal liability of two managers under FMLA; and (4) ADA for various reasons.
OUTCOME: Court held that the damages were applicable and NOT barred as a "Punitive" damage against a municipality.
Attorneys for City sought to avoid application of "Liquidated Damages" under State Law through Oklahoma Anti Discrimination Act as being "punitive"...
OUTCOME: Supreme Court denied Writ of Certiorari
Client's 15 year old, small build child was killed in large pile of wet masonry sand when weight of sand collapsed on him; brought action on theory of Attractive Nuisance. Judge Ronald G. Franklin gra ... nted summary judgment in favor of contractor on theory that sand was a natural substance and didn't allow a jury to determine whether at 15 this child could appreciate the danger of digging in sand. Evidence was presented showing that even adults don't appreciate the potential danger of wet sand, and other evidence that a sand pile would attract children and if it were to cause their death, that application of the doctrine of Attractive Nuisance would be proper.