Wells V Oklahoma Roofing And Sheet Metal

Oklahoma roofing sheet metal involved the death of a worker who was on the roof of a three story building when he was required by employer to unhook his single line lanyard requiring him to cross over two coworkers.

Wells v oklahoma roofing and sheet metal.

Prior to the date of wells injury and death oklahoma roofing and sheet metal inc was cited for a violation related to the duty to have a sufficient fall protection system. The case involved an employee of oklahoma roofing and sheet metal who was working on the roof of a three story building and died from a fall after his employer required him to unhook his fall protection. The case is crystal wells v. 112 884 decided april 28 2016.

The majority s decision was not however made on constitutional grounds the state s court of civil appeals coca earlier had declared 12 unconstitutional to the extent that it barred recovery for torts in which the employer had knowledge that injury was. Oklahoma roofing and sheet metal. An appeal from the district court of tulsa county. 3 crystal wells individually and as administrator of the estate of robert young deceased wells commenced an action in district court seeking damages for decedent s death and declaratory relief.

Lexis 43 june 18 2019. Oklahoma roofing sheet metal the supreme court of oklahoma ruled that injuries that are substantially certain to occur are considered intentional torts by an employer and are not subject to the exclusive remedy protection of oklahoma s workers compensation act. 3 crystal wells individually and as administrator of the estate of robert young deceased wells commenced an action in district court seeking damages for decedent s death and declaratory relief. The lawsuit in the district court of oklahoma county challenged the constitutionality of the identical sections in titles 85 and 85a that limit a direct action for intentional tort against the employer.

By way of background the oklahoma administrative workers compensation act okla. American roofing and sheet metal company inc an oklahoma corporation appellee. Oklahoma roofing sheet metal 2019 ok 45 2019 okla. Oklahoma roofing and sheet metal supreme court no.

The court analyzed 85 okl. Some of the most prominent buildings in oklahoma have been roofed by one company oklahoma roofing sheet metal llc. Oklahoma roofing sheet metal l l c oklahoma county case no. Prior to the date of wells injury and death oklahoma roofing and sheet metal inc was cited for a violation related to the duty to have a sufficient fall protection system.

85a 1 125 awca like its predecessor statutory schemes. What was the case about. Oklahoma roofing sheet metal was founded by oklahomans over 30 years ago and is still operated by oklahomans today. On june 18 2019 in wells v.

Ann 12 repealed in 2011 and stated that the analysis applies equally to subsequent iterations found in 85a okl. American roofing and sheet metal co inc. 09 16 1980 supreme court of oklahoma joe m. Number one in size and service we work on industrial governmental commercial and communal projects.

He walked ten feet beyond the point where he had unhooked his lanyard when he fell landing on an awning thirty feet below and then he rolled off the awning and fell onto bricks on the ground twelve feet below to his death the case says.