Dispositions Other Than By Published Opinion | Sept. 20, 2023

September 18, 2023

Oklahoma Court of Civil Appeals

Division I

120,736 – Tierra Vonice Brockington Martin, individually and on behalf of B.M., B.M., and J.M., minor children, Petitioner/Appellee, v. Adrian Gerard Brockington, Respondent/Appellant. Appeal from the District Court of Comanche County, Oklahoma. Honorable Susan Zwaan, Trial Judge. Respondent/Appellant Adrian Gerard Brockington appeals from the Journal Entry denying his Motion to Vacate an Order of Protection granted to Petitioner/Appellee Tierra Vonice Brockington Martin. This appeal proceeds on Appellant’s brief only; nevertheless, our review shows his brief is not reasonably supportive of his claims of error. We find no abuse of discretion in the order of protection or in the order denying the motion to vacate. We therefore affirm. Opinion by SWINTON, J.; GOREE, P.J., concurs and DOWNING, J., dissents. September 13, 2023

120,674 – Jennifer Hamil and Joe Trey Hamil, Plaintiffs/Appellants, v. Bethany Holiness Church a/k/a Bethany Christian Academy, Defendant/Appellee, Appeal from the District Court of Creek County, Oklahoma. Honorable Lawrence W. Parish, Trial Judge. Plaintiffs/Appellants Jennifer Hamil and Joel Trey Hamil appeal from an order granting summary judgment in favor of Defendant/Appellee Bethany Holiness Church regarding Plaintiffs’ personal injury and premises liability claims against Defendant Church. The trial court determined that Plaintiffs did not have standing to bring the suit. We find that the undisputed material facts show Church was entitled to judgment as a matter of law and we affirm. Opinion by SWINTON, J., GOREE, P.J., concurs in part and dissents in part, and DOWNING, J., concurs. September 14, 2023

121,294 – Jai Hospitality, L.L.C., an Oklahoma Limited Liability Company d/b/a Relax Inn, Petitioner/Appellant, v. Western World Insurance Company, an Aig Company and a New Hampshire Insurance Corporation, Defendant/Appellee, and J. Charles Insurance, L.L.C., an Oklahoma Limited Liability Company, Defendant. Appeal from the District Court of Garvin County, Oklahoma. Honorable Leah Edwards, Trial Judge. Plaintiff/Appellant, Jai Hospitality L.L.C. (d/b/a Relax Inn), seeks review of the October 11, 2022 order granting Western World Insurance Company’s motion to reconsider the denial of its motion for summary judgment. In the appealed order, the Garvin County District Court found it had incorrectly failed to take into account the Oklahoma Changes-Cancellation and Nonrenewal Endorsement provisions in making its initial ruling denying the summary judgment motion. The court found Western World made a timely and legally effective offer to renew the insurance policy, and was not required to send its offer to renew directly to the first named insured, Jai Hospitality. No insurance contract was in effect when Jai Hospitality had its fire claim. Affirmed. Opinion by GOREE, P.J.; SWINTON, J., and DOWNING, J., concur. September 14, 2023

Division II

Division III

120,608 – Rick Anderson, Petitioner, v. Multiple Injury Trust Fund and The Workers’ Compensation Commission, Respondents. Proceeding to review an order of the Workers Compensation Commission. Petitioner Rick Anderson appeals from an order of the Workers’ Compensation Commission en banc affirming the decision of an administrative law judge finding Anderson is not permanently totally disabled and thus is not entitled to recover benefits from Respondent Multiple Injury Trust Fund. On appeal, Anderson contends the Commission erred in finding he is not permanently totally disabled. More specifically, he argues the Commission erred in its evaluation of his physical capability as a result of his medical impairment demonstrated through medical evaluation reports, and the Commission erred in its evaluation of his ability to earn income based on his education, professional experience, professional pursuit, and capacity to be vocational rehabilitated. We find no error in the Commission’s order, and accordingly, SUSTAIN. Opinion by MITCHELL, C.J.; PRINCE, P.J., and BELL, J., concur. September 18, 2023

121,038 – Cameron G. Madsen, an individual, and Crystal N. Edwards, an individual, and as Mother and Next Friend of C.G.M., Plaintiffs/Appellants, v. James Simunek, County Commissioner and Board of County Commissioners of the County of Garfield, Oklahoma, Defendants/Appellees. Appeal from the District Court of Garfield County, Oklahoma. Honorable Paul K. Woodward, Trial Judge. This is an appeal from an automobile collision negligence action brought in conformity with the Oklahoma Governmental Torts Claims Act (GTCA), 51 O.S. 2021 §151 et seq. Plaintiffs/Appellants, Cameron G. Madsen, individually, and Crystal N. McKee, as Cameron’s mother and next friend, filed a suit against Defendant/Appellee, the Board of County Commissioners of the County of Garfield, Oklahoma (Commissioners) and Defendant/Appellee, James Simunek, County Commissioner, for neglect of office, public nuisance, failure to properly maintain the right of way/intersection and stop sign, and failure to correct dangerous conditions. The district court dismissed Defendant/Appellee, James Simunek, who was named in his official capacity. The court also granted summary judgment to Commissioners holding Plaintiffs’ response to Commissioners’ motion for summary judgment lacked the specificity prescribed by District Court Rule 13(b), 12 O.S. 2021, Ch. 2, App.; therefore, Plaintiffs either admitted or were deemed to have admitted Commissioners’ statement of undisputed facts. The court also found the cited law, as applied to the admitted facts, supported Commissioners’ request for summary judgment. After de novo review of the record and applicable law, we hold the trial court properly dismissed Simunek and appropriately determined Commissioners are entitled to judgment as a matter of law. The district court’s orders are AFFIRMED. Opinion by BELL, J.; MITCHELL, C.J., concurs and PRINCE, P.J., specially concurs.

Division IV

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