Court Rules No Securities Violations in 2 Cases

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Summaries of 10th Circuit, state and local opinions filed recently Oklahoma Supreme Court

For the week ending July 8, 1997 Sonny L. Harmon v. Turenia G. Harmon, No. 84,832. Husband who was incarcerated during divorce proceedings and for whom no arrangements were provided for his appearance was denied constitutional and statutory right to be heard. Though lower court's granting of divorce upheld, case remanded to resolve child visitation rights and other issues. Employers Mutual Casualty Company v. James Mosby, Dennis Childers and Country Mutual Insurance Co., d/b/a Country Companies Insurance Group, No. 85,967. Claims for subrogation by an uninsured motorist carrier are governed by statute of limitations for underlying cause of action. A subrogee does not obtain a longer limitations period based merely on the fact that it did not gain subrogation rights at the same time that its insured's claim accrued. A subrogee steps into the shoes of the plaintiff subject to all legal and equitable defenses that tortfeasor may have against plaintiff. Christine Schmidt, a/k/a Christine Morris v. Grady County, Oklahoma, and Terry Cunningham, individually and as Deputy Sheriff of Grady County, No. 86,549. Certified question from the U.S. District Court for the Western District of Oklahoma. Title 51 Sec. 155(6) immunizes political subdivision from liability when individual sustained injury as a result of negligent act or omission of political subdivision's law enforcement personnel while acting within scope of employment in taking individual into protective custody and transporting to jail. Self Insurers' Management Group v. The YWCA of Oklahoma City, et al., No. 86,718. Group self-insurer did not violate Oklahoma Securities Act in agreements with members. Agreements were not unregistered securities, and statute's amendment that exempts group self-insurer from being subject to Oklahoma Securities Act was correctly applied retroactively to insurer's agreements. Also, trial court erred when it determined that agreements violated Workers Compensation Court rules because there was no common interest between the Association's members. Though members' businesses were dissimilar, record does not reflect that Workers Compensation Court objected to dissimilar businesses joining association. Raymond Lloyd Evans v. Oaks Mission Public School and Vince Osburn, D. Holman and Nick Durant, No. 87,488. Public school is immune from liability under Governmental Tort Claims Act for student's injury incurred during supervised physical education class, despite parent's proposition that school knew of student's previous injury. School argued it had parent's approval. Statute strictly construed so as to shield school from liability. Special Indemnity Fund v. Richard S. Estill and The Workers Compensation Court, No. 87,695. Lay witness presented by claimant to show claimant's status as physically impaired person was sufficient so as to invoke provisions of the Special Indemnity Fund Act. Court of Civil Appeals erred when it disregarded lay witnesses testimony that claimant's polio-caused impairments were obvious and apparent before the work-related injuries. Oklahoma Employers Safety Group, SIA v. Colbert Nursing Homes, Inc. v. David Dank, No. 88,818. Issues similar to those decided in Self Insurer's Management Group v. The YWCA, et al., No. 86,718. Oklahoma Securities Act not violated by group-insurer's agreements with members. Also, group insurer did not breach Workers Compensation Court Rules relating to manner in which group insurer's advisory board was selected. Defendant Colbert made no showing that failure of membership to elect board damaged defendant. State of Oklahoma ex rel. Oklahoma Bar Association v. Ernest A. Bedford, SCBD No. 4109. License suspended for two years and one day and attorney ordered to pay costs of $4,073. Court found by clear and convincing evidence that attorney had knowledge of liens imposed on settlement fee he and client received when attorney cashed settlement check. …


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