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Is owner of cow responsible for car wreck?
Published on 2012-02-16 00:00:00
I have a case where a cow got onto the road and my client hit the cow. Is the cow owner responsible? Answer: You have to prove that the animal is out of its pasture through negligence of its owner or keeper. See: Rouk v. Halford, 1970 OK 195, 475 P.2d 814: Fact that horse was loose on highway gave rise to no interference of negligence, but P. vehicle operator had to prove D. negligent in letting the horse out. Citing Champlin Refining Co. v. Cooper, 184 Okl. 153, 86 P.2d 61 (1939): Proof
Will naming John Doe defendant protect statute of limitations?
Published on 2012-02-02 00:00:00
I’m have to file suit in a day or so to protect statute of limitations and have a defendant that I can’t yet identify. Does naming a John Doe defendant protect the statute of limitations? Answer: I’m not sure suing the John Doe defendant protects the statute of limitations. The problem is you must have given notice to the correct defendant within the Statute of limitation but just misnamed them. Unless you have some way of showing that the John Doe corporation you ultimately identify ha
UM Exclusion
Published on 2012-01-26 00:00:00
May a commercial UM policy exclude coverage for injury covered by workers' compensation? Answer: Check out these cases: Chambers v. Walker, 1982 OK 128, 653 P.2d 931, prohibits offset or credit against the insured's own UM policy for workers' compensation benefits, despite a policy provision to that effect. Bill Hodges Truck Company v. Humphrey, 1984 OK CIV APP 55, 704 P.2d 94. prohibits the converse: an offset of UM benefits paid under the worker's own policy against a workers' compensation r
