Legal Opinion

Capshaw v. Gulf Insurance Co.

Supreme Court of Oklahoma

Decided February 8, 2005No. 99,093PublishedCited by 50 opinions

1Opinion of the CourtOpala, J.

¶ 1 Two issues are presented on certiorari: (1) Did COCA err when it reversed the nisi prius judge’s new-trial order? and (2) Did COCA identify and apply on appeal the correct standard of review? Because both questions are answered in the negative, we reverse the nisi prius new-trial grant by applying an analysis that differs from that used by COCA.

I

ANATOMY OF THE LITIGATION

¶2 This action arose from an automobile accident in which a pickup truck driven by Terry Capshaw (Capshaw, plaintiff or appel-lee) was struck from the rear by a semi tractor driven by Sam Coronado, an employee of Koch…

2Cases cited29 opinions

  1. Patel v. OMH Medical Center, Inc.Supreme Court of Oklahoma · 1999
  2. Digital Design Group, Inc. v. Information Builders, Inc.Supreme Court of Oklahoma · 2001
  3. Hough v. LeonardSupreme Court of Oklahoma · 1993
  4. Panama Processes, S.A. v. Cities Service Co.Supreme Court of Oklahoma · 1990
  5. Messler v. Simmons Gun Specialties, Inc.Supreme Court of Oklahoma · 1984

24 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. SMITH v. CITY OF STILLWATERSupreme Court of Oklahoma · 2014
  2. Oklahoma City Zoological Trust v. State Ex Rel. Public Employees Relations BoardSupreme Court of Oklahoma · 2007
  3. Lierly v. Tidewater Petroleum Corp.Supreme Court of Oklahoma · 2006
  4. Garnett v. Government Employees Insurance Co.Supreme Court of Oklahoma · 2008
  5. Taliaferro v. ShahsavariSupreme Court of Oklahoma · 2006

45 more not listed; retrieve them via the Exa API.

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