Legal Opinion · Dissent

McGuffin v. State

Supreme Court of Oklahoma

Decided March 8, 2005No. 100,111Published

1DissentOpala, J.

¶ 1 The court holds today that the terms of 10 O.S.2001 § 7303-5.3(A)(8)(c)1 authorize the imposition of liability upon a parent for harm occasioned by the crime or delinquency of a child not living with that parent at the time of the harm-dealing event. I recede from the court’s pronouncement. I would pronounce that the provisions of § 7303-5.3(A)(8)(c),2 construed together with those of 23 O.S.2001 § 10(A),3 restrict vi*341carious status-based parental tort liability to custodial parents with whom the offending child was living at the time of the injurious event.

I

THE IN PARI MATERIA LIABILITY…

2Cases cited27 opinions

  1. Stumpf v. MontgomerySupreme Court of Oklahoma · 1924
  2. De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
  3. Strelecki v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1994
  4. Johnson v. WardSupreme Court of Oklahoma · 1975
  5. McCracken v. City of LawtonSupreme Court of Oklahoma · 1982

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