Boren v. Scott

I dissent. The majority is clearly correct in holding if the parties were indeed joint venturers, Scott is immune from sMt in district court pursuant to § 12 of the Workers’ Compensation Act. However, I am not convinced the trial court was correct in finding, as a matter of law, that Scott and Cross were joint venturers who agreed to share losses as well as profits. Where facts are in dispute, existence of a joint venture presents a question for determination by the trier of fact. Sigma Resources Corporation v. Norse Exploration, Inc., 852 P.2d 764 (Okla.App.1992). Questions of fact should…