Wells V Oklahoma Roofing And Sheet Metal

Ann 12 repealed in 2011 and stated that the analysis applies equally to subsequent iterations found in 85a okl.

Wells v oklahoma roofing and sheet metal. Oklahoma roofing sheet metal the supreme court of oklahoma ruled that injuries that are substantially certain to occur are considered intentional torts by an employer and are not subject to the exclusive remedy protection of oklahoma s workers compensation act. The majority s decision was not however made on constitutional grounds the state s court of civil appeals coca earlier had declared 12 unconstitutional to the extent that it barred recovery for torts in which the employer had knowledge that injury was. The lawsuit in the district court of oklahoma county challenged the constitutionality of the identical sections in titles 85 and 85a that limit a direct action for intentional tort against the employer. The oklahoma supreme court recently issued a decision in the case of wells v.

Prior to the date of wells injury and death oklahoma roofing and sheet metal inc was cited for a violation related to the duty to have a sufficient fall protection system. What was the case about. 3 crystal wells individually and as administrator of the estate of robert young deceased wells commenced an action in district court seeking damages for decedent s death and declaratory relief. Prior to the date of wells injury and death oklahoma roofing and sheet metal inc was cited for a violation related to the duty to have a sufficient fall protection system.

Oklahoma roofing sheet metal was founded by oklahomans over 30 years ago and is still operated by oklahomans today. American roofing and sheet metal co inc. Welling and freda welling appellants v. Oklahoma roofing and sheet metal.

American roofing and sheet metal company inc an oklahoma corporation appellee. 09 16 1980 supreme court of oklahoma joe m. He walked ten feet beyond the point where he had unhooked his lanyard when he fell landing on an awning thirty feet below and then he rolled off the awning and fell onto bricks on the ground twelve feet below to his death the case says. An appeal from the district court of tulsa county.

On june 18 2019 in wells v. Some of the most prominent buildings in oklahoma have been roofed by one company oklahoma roofing sheet metal llc. By way of background the oklahoma administrative workers compensation act okla. The case is crystal wells v.

Oklahoma roofing sheet metal 2019 ok 45 2019 okla. Oklahoma roofing and sheet metal supreme court no. 85a 1 125 awca like its predecessor statutory schemes. The case involved an employee of oklahoma roofing and sheet metal who was working on the roof of a three story building and died from a fall after his employer required him to unhook his fall protection.

Oklahoma roofing sheet metal involved the death of a worker who was on the roof of a three story building when he was required by employer to unhook his single line lanyard requiring him to cross over two coworkers. Oklahoma roofing sheet metal l l c oklahoma county case no. Lexis 43 june 18 2019. 1980 ok 131 617 p 2d 206 decided.

The court analyzed 85 okl.