ODOM v. PENSKE TRUCK LEASING CO.

2018 OK 23, 415 P.3d 521
Supreme Court of Oklahoma·Decided March 13, 2018·No. Case Number: 116554·Published·Cited by 113 cases

Opinions

COMBS, C.J.:

¶1 The United States Court of Appeals for the Tenth Circuit (Tenth Circuit) certified a question of state law to this Court under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2011 §§ 1601 - 1611. The question certified is:

Under the dual-capacity doctrine, an employer who is generally immune from tort liability may become liable to its employee as a third-party tortfeasor, if it occupies, in addition to its capacity as an employer, a second capacity that confers obligations independent of those imposed on it as an employer.
What is the effect of Oklahoma's Administrative Workers' Compensation Act (AWCA), Okla. Stat. Ann. tit. 85A, § 1 et seq., on the dual-capacity doctrine? In particular, does the AWCA's exclusive-remedy provision bar an employee from bringing a tort suit against a stockholder of his employer, even if the tort liability would arise from duties independent of the employment relationship? In other words, does this provision abrogate the dual-capacity doctrine as to an employer's stockholder?

I.

CERTIFIED FACTS AND PROCEDURAL HISTORY

¶2The underlying facts in this matter are set out in the certification order from the Tenth Circuit. In answering a certified question, the Court does not presume facts outside those offered by the certification order. Siloam Springs Hotel, LLC v. Century Sur. Co. , 2017 OK 14, ¶ 2, 392 P.3d 262 ; Howard v. Zimmer, Inc. , 2013 OK 17, n.5, 299 P.3d 463 ; In re Harris , 2002 OK 35, ¶ 4 n.5, 49 P.3d 710. Although this Court will neither add nor delete such facts, we may consider uncontested facts supported by the record. Siloam Springs Hotel, LLC , 2017 OK 14 at ¶ 2, 392 P.3d 262 ; Howard , 2013 OK 17 at n.5, 299 P.3d 463 ; McQueen, Rains, & Tresch, LLP v. Citgo Petroleum Corp. , 2008 OK 66, n.4, 195 P.3d 35.

¶3 Plaintiff-Appellant Perry Odom was an employee of Penske Logistics, LLC. Penske Logistics, LLC is a wholly owned subsidiary of Defendant-Appellee Penske Truck Leasing Co. (PTLC). After a trailer owned by PTLC fell on Odom and injured him, he filed a claim against his employer, Penske Logistics, LLC, pursuant to the Administrative Workers' Compensation Act (AWCA), *52585A O.S. §§ 1 - 125. However, Perry Odom and his wife Carolyn Odom (collectively, the Odoms) also filed a lawsuit against PTLC in federal district court, alleging PTLC's tortious negligence caused Perry Odom's injury.

¶4 PTLC moved to dismiss the Odoms' federal district court action. PTLC argued the exclusive remedy provision of the AWCA, 85A O.S. Supp. 2013 § 5, barred the Odoms from suing a stockholder of Perry Odom's employer in district court, even if the alleged tort liability arose from duties independent of the employment relationship. The federal district court found that PTLC was the sole stockholder of Penske Logistics, and that dismissal was warranted pursuant to 85A O.S. Supp. 2013 § 5.

¶5 The Odoms appealed the district court's ruling to the Tenth Circuit. After briefs were submitted, the court held oral argument on November 13, 2017. On November, 22, 2017, the court certified its question of law to this Court. In its certification order, the Tenth Circuit noted the application of 85A O.S. Supp. 2013 § 5 to suits by an injured employee against an employer's stockholder appears to be a first impression issue in Oklahoma.

¶6 The Tenth Circuit cited Shadid v. K 9 Univ., LLC , 2017 OK CIV APP 45, 402 P.3d 698, for the proposition that 85A O.S. Supp. 2013 § 5 abrogated the dual-capacity doctrine as to employers, but concluded potential application to stockholders remains ambiguous from the statutory language read in context with the interpretation of Arkansas' very similar provision. The Tenth Circuit concluded by noting the wide-ranging consequences for tort law should 85A O.S. Supp. 2013 § 5 be interpreted to bar all suits by an injured employee against any stockholder of the employer for independent acts, and indicated it did not wish to make such an interpretation given the ambiguity of the relevant provision.

II.

REQUIREMENTS FOR ANSWERING CERTIFIED QUESTIONS

¶7 This Court has the power to answer certified questions of law if the certified questions are presented in accordance with the provisions of the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2011 §§ 1601 - 1611. Siloam Springs Hotel, LLC v. Century Sur. Co. , 2017 OK 14, ¶ 14, 392 P.3d 262 ; Gov. Emps. Ins. Co. v. Quine , 2011 OK 88, ¶ 13, 264 P.3d 1245. This Court's discretionary power to answer is set out in 20 O.S. 2011 § 1602, which provides:

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ODOM v. PENSKE TRUCK LEASING CO., 2018 OK 23, 415 P.3d 521 (Okla. 2018).

2018 OK 23 (ODOM v. PENSKE TRUCK LEASING CO.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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