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Mr. McBride was published in the October, 2019 Oklahoma Bar Journal. The October Journal is focused on ‘Appeals’. Mr. McBride’s article explains the process of filing Interlocutory Appeals specifically. Interlocutory Appeals are appeals made before a final decision is Ordered in a case. Knowledge of how and when to file an Interlocutory Appeal is a great tool for attorneys. The article is published in the Bar Journal to help other lawyers and advance the education and practice of the law within the State of Oklahoma. To read the online version of Mr. McBride’s article, visit the Oklahoma Bar Journal here: Interlocutory Appeals in Oklahoma Or for the full the version of the October Oklahoma Bar Journal, click her: Full October Oklahoma Bar Journal  The Oklahoma Supreme Court voted unanimously that a worker who had two hernias at the same time (formally called bilateral inguinal hernias) was entitled to twice the amount of workers compensation.
Under the Workers Compensation statutes, a worker who is diagnosed with a hernia on one side is entitled to temporary total disability for six weeks. However, the Supreme Court ruled that under the wording of the statute, the six weeks applies to each hernia. In order to demonstrate the hernia was a compensable injury under Workers’ Compensation, the employee had to show that:
Once the employee showed that his hernia was a compensable injury, he was entitled to receive double the compensation under the statute since his hernia was bilateral. To read the Oklahoma Supreme’s Order in its entirety, click the case below: Corbeil v. Emricks Van & Storage , 2017 OK 71 Oklahoma has several news laws that went into effect on November 1, 2018. Below is a brief synopsis of the laws:
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Being Cruel to Multiple Animals at the Same Time Can Result in Separate Charges for Each Animal11/16/2017
An Oklahoma man was charged with thirteen counts of cruelty to animals. The man argued that the maltreatment of his dogs all happened at this same time and location so it should be just one count instead of thirteen. After reviewing the case, Oklahoma’s Highest Court disagreed with the man and held that he could be charged with all thirteen counts. The Court noted that the dogs were separately chained or in separate pins. The Court then looked at the statute regarding Cruelty to Animals and determined that the intent of the statute was to protect the maltreatment of any particular animal. The man is now facing all thirteen Counts in Grant County.
For more details click the case below: State v. Gilchrist, 2017 OK CR 25 A gas station who sells alcohol to a noticeably intoxicated person may be liable for any harm the person causes to another even if they take the alcohol somewhere else to drink it. The Court also created a duty to exercise reasonable care to not sell liquor to a noticeably intoxicated person.
The opinion was issued after a man near Elk City who was intoxicated from drinking throughout an entire day stopped at a convenience store to buy more beer around 9:00 pm before heading to a party. After leaving the party around 11:00 pm, the man crashed his vehicle into a three-car vehicle killing one and injuring two others in it. After police arrived on the scene, the man was measured to have a blood alcohol content of .29g%. That is over three-and-a-half times the legal limit. The Court held that the gas station had a duty to not sell the man extra beer knowing he was already intoxicated and can be held liable for the death and injuries of the car the man crashed into if a jury finds the gas station violated its duty. For the full opinion, click the case below: Boyle v. ASAP Energy, Inc., 2017 OK 82 |
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