Courts and More Vol. 1 | No. 41 | October 13, 2021

Oklahoma Court of Civil Appeals

Division I

Division II

118,459 – Virginia McCrary, as parent and next friend of E.K., a minor child, Plaintiff/Appellant, v. Nelia Cowan, Defendant/Appellee, and The Estate of Michael Lee Cowan, Defendant.  Appeal from the District Court of Mayes County, Hon. Shawn S. Taylor, Trial Judge.  Defendants filed an Amended Petition to Vacate Judgments and for New Trial in which they petitioned the trial court “to vacate the judgments on liability and damages against them” and “grant a new trial on liability.”  In the trial court’s order from which Plaintiff appeals, the trial court overruled Defendants’ request to vacate that portion of the judgments pertaining to liability, but vacated the $10 million judgment awards entered against each Defendant, stating it “intends to set the issue of damages for jury trial[.]”  Plaintiff appeals, in particular, from that portion of the trial court’s order vacating the damages awards.  During the pendency of this appeal, Plaintiff and the Estate of Michael Lee Cowan settled.  We conclude the trial court properly vacated the award of damages against the remaining Defendant, Nelia Cowan.  Consequently, we affirm that portion of the trial court’s order.  Consistent with the trial court’s statement in its order that it “intends to set the issue of damages for jury trial . . . after allowance of counsel an appropriate amount of time to complete discovery,” we remand for further proceedings on the issue of the amount of damages to be awarded against Ms. Cowan.  AFFIRMED IN PART AND REMANDED FOR FURTHER PROCEEDINGS.  Opinion from Court of Civil Appeals, Division II, by BARNES, J.; WISEMAN, P.J., and FISCHER, V.C.J. (sitting by designation), concur.  October 8, 2021

Division III

118,623  –  Carl P. Bright, Plaintiff/Appellant, v. Myron C. Butler, Defendant/Appellee, iBall Instruments, LLC., Nominal Defendant. Appeal from the District Court of Pottawatomie County, Oklahoma.  Honorable John G. Canavan, Trial Judge. Plaintiff/Appellant, Carl P. Bright, appeals from the trial court’s order overruling Bright’s motion to reconsider.  Bright asserts the trial court erred and abused its discretion when it failed to sanction Defendant/Appellee, Myron C. Butler for allegedly lying to the court to obtain a continuance of two hearings in the underlying action.  The hearings pertained to Bright’s motion to enforce the parties’ settlement agreement, and the receiver’s motion to discharge receiver. Bright claims Butler lied when Butler testified that he required the continuances due to his grave health  problems with his heart and because he needed immediate heart procedures. Bright asserts his private investigator’s surveillance report and video evinces Butler’s misrepresentation to the court.  After reviewing the record, we hold the trial court did not abuse its discretion when it denied the motion to reconsider and when it denied Bright’s motion for sanctions.  The trial court’s orders are AFFIRMED. Opinion by BELL, J.; SWINTON, C.J., and PEMBERTON, P.J., concur. October 7, 2021

119,045  –  Carl P. Bright, Plaintiff/Appellee, v. Telecomm Consultants, Inc., Defendant/Appellant. Appeal from the District Court of Pottawatomie County, Oklahoma.  Honorable David Cawthon, Trial Judge. Defendant/Appellant, Telecomm Consultants, Inc. (Telecomm), seeks reversal of the trial court’s order awarding attorney fees to Plaintiff/Appellee, Carl P. Bright.  Telecomm urges the award was erroneously premised upon an underlying application for indirect contempt citation that was dismissed by Bright; therefore, the court lacked the subject matter jurisdiction to make such award.  Telecomm also asserts the trial court’s attorney fees award was tantamount to a decision on the merits of the indirect contempt citation; therefore, the trial court deprived Telecomm of its constitutional right to a jury trial.  After reviewing the record, we AFFIRM the trial court’s ruling. Opinion by BELL, J.; SWINTON, C.J., and PEMBERTON, P.J., concur. October 7, 2021

119,278  –  Williams Plumbing & Drain Service, Inc., and National American Insurance Company, Petitioners v. Jasper Adam Wilson and The Workers’ Compensation Court of Existing Claims, Respondents. Proceeding to review an order of a three-judge panel of the workers’ compensation court of existing claims. Petitioners Williams Plumbing & Drain Service, Inc., and National American Insurance Company (collectively, “Employer”) seek review of an order of a three-judge panel of the Workers’ Compensation Court of Existing Claims which found Respondent Jasper Adam Wilson permanently and totally disabled (PTD) as a result of a 2012 work-related injury.  Employer asserts Wilson failed to timely prosecute his claim and that the trial court correctly dismissed it.  The record shows Wilson timely sought trial on permanent disability within two years of filing his claim for compensation.  The record additionally requires a finding that the limitations period was tolled because Wilson, who is paralyzed and unable to speak, was unable to pursue his claim during the five years he was without a guardian.  The panel’s decision that Wilson’s claim was timely is not against the clear weight of the evidence or contrary to law and we SUSTAIN.   Opinion by SWINTON, C.J.; BELL, J., concurs and PEMBERTON, P.J., concurs in result. October 7, 2021

119,338  –  Melissa M. Poore, Plaintiff/Appellee, v. Trina Sheffield Parrott, Audrey Sueann Sheffield, Defendants/Appellants. Appeal from the District Court of Bryan County, Oklahoma.  Honorable Trace Sherrill, Trial Judge. Defendants, Trina Sheffield Parrott and Audrey Sueann Sheffield (Defendants), appeal the trial court’s entry of a victim protective order, which was based on a finding of harassment. Because the plaintiff, Melissa Poore, was not a family or household member or involved in a dating relationship with Defendants, as required by law for entry of a protective order on the basis of harassment, we REVERSE. Opinion by PEMBERTON, P.J.; SWINTON, C.J., concurs and BELL, J., concurs in result.  October 7, 2021

119,625  –  Clarence Carnett, Petitioner/Appellant, v. Multiple Injury Trust Fund, Respondent/Appellee. Appeal from the workers’ compensation court of existing claims of oklahoma, en banc. Clarence Carnett (Carnett) seeks review of the Workers’ Compensation Court of Existing Claims, En Banc’s (Panel) Order affirming the denial of permanent total disability benefits. Because the Order is not against the clear weight of the evidence and is proper, just and equitable, we AFFIRM. Opinion by PEMBERTON, P.J.; SWINTON, C.J., and BELL, J., concur. October 7, 2021

Division IV

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