Plaintiff alleged that Four Seasons Nursing Centers abused her mother. She maintained that ManorCare’s conscious indifference to her mother’s unresponsive and comatose condition during the summer of 2005 lead to her mother’s hospitalization and eventual death. Defendant filed a motion to dismiss alleged violations of the Oklahoma Consumer Protection Act and to dismiss claims for punitive damages.
Defendant argued that the OCPA specifically exempts nursing facility services, and that plaintiff’s claim for punitive damages should be dismissed because the Oklahoma statutory provision governing punitive damages is unconstitutional. In dismissing the OCPA claim, the court relied on In Estate of Hicks v. Urban E., Inc., 2004 OK 36, 92 P.3d 88, 94-95 (Okla. 2004), finding that because nursing facility services are regulated by a state agency, the OCPA does not apply to claims arising from such services.
The court granted the motion to dismiss the punitive damages claim subject to Plaintiff’s right to properly plead punitive damages. Punitive damages are not an independent claim; instead, they are a type of damages arising for breach of an obligation not arising from contract. It was unclear which underlying claim plaintiff was seeking punitive damages for. In light of this decision, the court determined it was premature to decide Defendant’s claim that the the statute is unconstitutional.
Decided October 22, 2007
Recently, my dad died. While I was driving back from being sworn in as his…
In Georgia, an individual has legal capacity to make a Will "when the testator has…
Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221)…
In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the…
Medicaid is critical for individuals with special needs. It pays for things no one else…
Since 1980, Medicare pays after another responsible entity pays certain health care claims for Medicare…
