Legal Opinion · Dissent

Milligan v. Milo Gordon Chrysler Plymouth Isuzu

Court of Civil Appeals of Oklahoma

Decided August 10, 2001No. 95,988Published

1DissentCarol M. Hansen, Chief Judge

11 I dissent. The majority's holding is based on its determination inferences from the undisputed facts could support a decision that Claimant's act of "popping a wheelie" constituted horseplay. That rationale erroneously relies on causation. While there is clearly competent evidence to establish Claimant's "popping a wheelie" caused the accident which resulted in his injuries, enactment of the Workers' Compensation Act in 1915 eliminated an employee's culpability as a defense against an employer's liability. Darco Transportation v. Dulen, 1996 OK 50, 922 P.2d 591.

€ 2 That Claimant was…

2Cases cited8 opinions

  1. Darco Transportation v. DulenSupreme Court of Oklahoma · 1996
  2. Horn v. Broadway GarageSupreme Court of Oklahoma · 1940
  3. Eagle-Picher Mining & Smelting Co. v. DavisonSupreme Court of Oklahoma · 1942
  4. Eagle-Picher Company v. McGuireSupreme Court of Oklahoma · 1957
  5. Swift & Co. v. ForbusSupreme Court of Oklahoma · 1949

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