Dispositions Other Than By Published Opinion | Jan. 29, 2025

Oklahoma Court of Civil Appeals

Division I

122,238 – Michael Doresey, an individual, Plaintiff/Appellant, v. Otis Elevator Company, a foreign for-profit business corporation, and Justin Replogle, an individual, Defendants/Appellees. Appeal from the District Court of Payne County, Oklahoma.  Honorable Phillip C. Corley, Trial Judge. Michael Doresey (Plaintiff/Appellant) has appealed the trial court’s Order granting Otis Elevator Company’s (Defendant/Appellant) (hereinafter “Otis”) Motion for Summary Judgment on the basis of judicial estoppel.  The trial court’s application of judicial estoppel was based upon its finding that, during a prior bankruptcy proceeding, Mr. Doresey represented to his creditors that he had no potential claims against third parties.  Mr. Doresey contended the trial court erred in its application of judicial estoppel because he filed his claim against Otis after the bankruptcy proceedings had ended and that the record lacked evidence demonstrating Mr. Doresey deliberately misrepresented his intention to sue Otis during the pendency of his bankruptcy proceedings.  We disagree and, accordingly, the trial court’s grant of Summary Judgment is AFFIRMED.  Opinion by PRINCE, J.; GOREE, P.J., and SWINTON, J., concur. Jan. 23, 2025

Division II

122,023 – Amazon Fulfillment Services Inc. and American Zurich Insurance Co., Petitioners, vs. Edith Luna De Mosley and The Workers’ Compensation Commission, Respondents.  Appeal from the Workers’ Compensation Commission. Petitioners, Amazon Fulfillment Services, Inc. and its insurer, American Zurich Insurance Co. seek review of an Order entered by the Oklahoma Workers’ Compensation Commission sitting en banc affirming the decision of the Administrative Law Judge.  The ALJ determined that the Claimant, Edith Luna De Mosley, suffered a compensable significant and identifiable aggravation injury to the neck as the result of an accident in the course and scope of her employment with Amazon on June 23, 2020. The Commission’s order is not clearly erroneous in light of the reliable, material, probative and substantial competent evidence, nor arbitrary or capricious, nor is it missing findings of fact essential to a reviewable decision.  Accordingly, we affirm the decision of the Commission. AFFIRMED. Opinion from the Court of Civil Appeals, Division II by FISCHER, J.; WISEMAN, P.J.,  and BLACKWELL, J., concur. Jan. 23, 2025.


Division III


Division IV

122,621 – Patricia Neel, Plaintiff/Appellee, vs. Marquitta Jackson, Defendant/ Appellant.  Appeal from an Order of the District Court of Tulsa County, Hon. William LaFortune, Trial Judge.  Defendant Marquitta Jackson appeals an order granting partial summary judgment on the claims of Plaintiff Patricia Neel and dismissing with prejudice or granting summary judgment to Neel on Jackson’s claim for abuse of process.  The trial court’s order does not resolve all claims presented by all parties in this action and is not a final appealable order.  Jackson’s appeal is hereby dismissed as premature.  APPEAL DISMISSED.  Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., and HUBER, J., concur. Jan. 24, 2025


121,528 – In re the Marriage of:  Guillermo Mendez-Kestler, Petitioner/Appellant, vs. Ashley Mendez-Kestler, Respondent/Appellee.  Appeal from an Order of the District Court of Oklahoma County, Hon. Lynne McGuire, Trial Judge.  Guillermo Mendez-Kestler (Father) appeals the trial court’s decree of dissolution of marriage awarding Ashley Mendez-Kestler (Mother) sole custody of the parties’ minor children.  Based on our review of the record and applicable law, we affirm the decree.  AFFIRMED.  Opinion from Court of Civil Appeals, Division IV, by HIXON, V.C.J.; BARNES, P.J., HUBER, J., concur. Jan. 22, 2025


121,780 — Robert Ramsey, Petitioner, vs. Express Employment Professionals, AIU Insurance Co. (National Union Fire of PITTS PA), and the Workers’ Compensation Commission, Respondents.  Appeal from the Workers’ Compensation Commission.  Robert Ramsey (Claimant) appeals a decision of the Workers’ Compensation Commission finding he was not entitled to temporary total disability (TTD) benefits after he was terminated for failing a drug test in violation of company policy at the same time that he was cleared to work alternate or light duty.  We find no error and sustain the decision of the Commission.  SUSTAINED.  Opinion from Court of Civil Appeals, Division IV, by HIXON, J.; HUBER, P.J., concurs, and BLACKWELL, J., dissents. Jan. 22, 2025