Milligan v. Milo Gordon Chrysler Plymouth Isuzu
Court of Civil Appeals of Oklahoma
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
- Darco Transportation v. DulenSupreme Court of Oklahoma · 1996
- Horn v. Broadway GarageSupreme Court of Oklahoma · 1940
- Eagle-Picher Mining & Smelting Co. v. DavisonSupreme Court of Oklahoma · 1942
- Eagle-Picher Company v. McGuireSupreme Court of Oklahoma · 1957
- Swift & Co. v. ForbusSupreme Court of Oklahoma · 1949
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