l FALL 2018

CERTIORARI Journal of Consumer Advocacy CONSUMER INFORMATION FOR THE CLIENTS AND FRIENDS OF FRASIER, FRASIER & HICKMAN, LLP

Page 2: l CASE FILE Firefighter Pensions Protected Fatal Crash by Inattentive Page 3: Products Liability Case Settled Driver Finally Settled Shelly Smith was moving a washer and tail lights of the vehicle stopped in the road Frasier, Frasier dryer from her home and took her two near the appliances being pushed out of the young daughters along with her. Smith’s way by Smith. The “black box” in his vehicle & Hickman, LLP husband had loaded the appliances into the indicated Ramirez was not only speeding, Attorneys at Law back of their pickup truck and she was on but did not apply his brakes until a little her way down U.S. 75 towards Okmulgee. more than a second before he crashed into 1700 Southwest Boulevard Along the way, the the car and then struck Tulsa, Oklahoma 74107 appliances came loose Smith. 918-584-4724 or and fell into the roadway. Ramirez claimed he 1-800-522-4049 Smith pulled over and, had not been distracted leaving her daughters by using the iPad while Internet site: in the truck, got out to driving. http://www.frasierlaw.com move the appliances out On behalf of Smith’s E-mail Address: of the roadway. Another surviving children – the [email protected] motorist following Smith two in the truck and saw what had happened and stopped in the two older boys – Frasier, Frasier & Hickman, Thomas Dee Frasier roadway before striking them. Another motor- LLP was hired and a lawsuit was filed in 1924-2001 ist following Smith also saw what happened Okmulgee County District Court. and pulled to the shoulder of the highway. The defendant tried to put the blame on James E. Frasier Then an SUV driven by Javier Ramirez Smith’s husband for improperly securing the slammed into the car that had stopped in load. But in pre-trial hearings, the court was Steven R. Hickman the roadway and then struck Smith, who not buying this. was still on the shoulder. Finally, Ramirez and his insurer agreed to John W. Flippo A nurse who happened upon the scene settle the case out of court. stopped and administered CPR to Smith, “Interestingly, Mr. Ramirez never faced J.L. Franks trying to keep her alive. Finally, the nurse any criminal charge in this case,” noted Jim Frank W Frasier summoned the two children from Smith’s Frasier. “He had an open iPad on his dash truck to say goodbye to their mother as she but claimed he was not using it. Be that as it George M. Miles lay dying along the roadway. may, use of electronic devices is highly dan- The Highway Patrol investigated the gerous, more so even than drunk driving. Kathryn H. Black scene and noticed an open iPad device on “This was a tragic case all the way around. the dash on Ramirez’s vehicle. Tests were Smith’s children received justice in the civil Maureen M. Johnson conducted and determined that, at the high- courts and will be taken care of. But this way speed he was traveling, Ramirez would case should stand as a loud warning: do not have had seven seconds to respond to the drive distracted.” CERTIORARI l WORKER Firefighter Pensions Protected by Preliminary Injunction Oklahoma firefighters have the they would expect to have. tempted change would go into option of “Plan B” when they re- This attempted change by effect on July 1. At a hearing tire. This gives them, in addition to the Board tore in pieces all for temporary injunctive re- a monthly pension benefit, a lump their retirement planning. lief, the judge ruled that the sum amount in retirement from A group of firefight- Board was acting beyond which they can draw down in their ers, both active and re- its authority to the extent later years. tired, contacted Frasier, that its rule change would One of the advantages has been Frasier & Hickman, LLP, to undo the vested planning of that the amount in the firefighters’ contest the attempted changes. firefighters. The Board was accounts increase at a rate of not Historically, the Oklahoma prohibited from implementing less than 7½% per year, which is Supreme Court has been very the rule change during the pen- compounded over the years, until protective of vested retirement dency of the lawsuit, until a final the money is drawn down. provisions – retirement plans decision can be made. Recently, the Oklahoma Firefight- can be changed only as to those “We are a long way from the end ers Pension Board attempted to who do not have a vested right, on this, but we anticipate positive change the rule: earnings on the because vesting becomes a property results,” said Steve Hickman, who account would be paid out annually right. Our governor has recognized represented the firefighters. “We and not allowed to compound. that it is inappropriate to change were happy to be able to do our Many firefighters retired with vested pension benefits, but nev- part to protect firefighter pensions the understanding that the amount ertheless approved the Firefighters from changes, when it was too late in this account, as it increased in Pension Board’s attempt to change. for the firefighters themselves to value, would compound, and based A lawsuit was brought before the change how they elected to receive their retirement planning on what end of the last fiscal year, as the at- their money.” l VOTER Important Races on November Ballot The General Election is Tuesday, Nov. 6, and all registered voters can take part in this important Workers who properly notify their employer that election. they intend to vote must be given ample time to do The last day to register and be eligible to vote so on Election Day without loss of pay or any other in this election is Oct. 12. Registering to vote – or penalty for the absence. changing registration – is easy in Okla- Workers must notify the employer at least homa. The necessary forms are available the day before the election that they intend at election board office and tag agencies, to vote. After voting, they return to work or on-line at www.ok.gov/elections. with proof of having voted. If there is no Also, Frasier, Frasier & Hickman, LLP can form designated by the employer, have a poll help. Our office has all the forms neces- official write a note that the employee voted, sary to register or change registration at with the time, date, and official’s signature. our offices at 1700 Southwest Boulevard. Employers must either adjust work hours If you need assistance with voter registration mat- so they do not begin before 10 a.m. or end ters, come by our office or call us at 918-584-4724. after 4 p.m. – giving workers a three-hour window to The polls will be open from 7 a.m. to 7 p.m. on vote after the polls open at 7 a.m. and before they Election Day, November 6. However, registered vot- close at 7 p.m., or grant employees sufficient time – at ers may vote “in person absentee” at county Election least two hours – during which to leave work to vote. Board offices on Thursday, Nov.1, and Friday, Nov. 2. The employer may select the hours the worker can be The Tulsa County Election Board, at 555 N. Denver absent from work to vote. Ave., will be open from 8 a.m. to 6 p.m.

Fall 2018 2 www.frasierlaw.com tomy dee’s corner

“The test of our progress is not Court justices and several appeals whether we add more to the abundance court judges. And don’t forget the State Ques- of those who have much; it is whether tions – on Nov. 6 there will be five we provide enough for those on the ballot. who have too little.” Whew! That’s a lot. But all of these offices play a role in your way –Franklin D. Roosevelt, January 20, 1937 of life and the future being prepared for our children and grandchildren. The 2018 Oklahoma General Elec- hear through the piles of advertising. I would draw your attention to tion is right around the corner on There are a lot of candidates on the race for governor. There could Nov. 6. No doubt you will hear the ballot. So you have some not be a more stark contrast in the plenty about it if you watch work cut out for you. vision expressed by the two major television, listen to the Appearing on the Nov. candidates for our state’s future. radio, or use social me- 6 ballot will be all state Much has been said about state dia. If the primary and officers: governor, lieuten- legislators this year, as current state run-off election cycles ant governor, state auditor leadership struggled to bring a earlier this year were and inspector, attorney budget that would make progress in any indication, you general, state treasurer, teacher pay and other core services. will encounter plenty state school superintendent, But make no mistake, the lead- of bull as Election Day labor commissioner, insurance ership of the governor and their approaches. commissioner and a corporation team affects every Oklahoman. The The tone will be negative. And commissioner. Many state House governor is responsible for mak- the politics may seem foul. But don’t and Senate seats will be on the bal- ing more than 500 appointments let unsavory advertising and crass lot, as well, along with congressio- to boards and commissions that set political stunts sway you from the nal seats and several county seats. and administer regulations and rules polls. Every vote counts today more (In Tulsa County, the only county that touch every facet of our lives. than ever. office on the ballot Nov. 6 will be Only one candidate for the crucial So the challenge each of us face is district attorney and many City of leadership role has the experience, to do our homework and learn about Tulsa voters also will see one of four character, concern for the people’s the candidates – investigate their City Council races on the ballot.) needs and political skills necessary positions, find out who else supports Oklahoma’s judicial elections will – Drew Edmondson. them, question the hype, and ques- be on the Nov. 6 general election Remember Drew Edmondson tion the candidates personally, if you ballot. Statewide, that means the and look closely at the other races. can. Don’t just rely on what you will retention of seven state Supreme –Jim Frasier l CASE FILE Products Liability Case Settled Jeremy Stockton was 20 years old when he was indeed included a finger guard in L185 loaders manu- working as a mechanic at a quarry in Eufaula. factured before 2007, had removed the finger guard In June 2014, he was working on a 2007 New Hol- from the design of the 2007 model, and replaced the land Model L185 skid steer loader. The loader had run finger guard on the fan in later models. out of fuel, which required the fuel line to be cleared A lawsuit was filed against New Holland’s parent of air while the equipment was running again. Stockton company, CNH Industrial America LLC, alleging prod- was following the usual procedure, and while loosen- ucts liability. ing a nut on the fuel line, his hand became tangled in The case finally was set for trial earlier this year when the cooling fan which was not covered or guarded in CNH Industrial America agreed to settle the case out any way. of court. The accident left Stockton with severe injuries and “Mr. Stockton had substantial medical bills and will unable to go back to work. not be able to work again because of his severe inju- Frasier, Frasier & Hickman, LLP was hired to inves- ries, including post traumatic distress. Through thor- tigate and discovered that the loader Stockton had ough investigation and a determination to stick with worked on had a dangerous defect – it did not have a this case even though the defendant dragged things finger-guard safety cover over the cooling fan compart- out, he received a settlement to cover his medical bills ment. The investigation revealed that New Holland had and some ongoing living expenses,” said Jim Frasier.

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l FALL 2018 Frasier, Frasier & Hickman, LLP Return Service 1700 Southwest Blvd. Requested Tulsa, Oklahoma 74107

l CASE FILE certiorari, (ser-she- eh-ra-re) noun [Latin, Some Criminal Records to be informed]; to be informed as a Can Be Expunged means of gaining ap- Many Oklahomans are unaware that our state laws provide for the expungement of pellate review; certain felony and misdemeanor criminal a common writ. records. In some cases, all criminal records are When at least four restricted but may be able to be used for the of the nine U.S. purpose of future criminal prosecution or background checks through the Oklahoma Supreme Court jus- State Bureau of Investigation. In other cases, tices vote to hear a criminal records can be completely removed. Oklahoma law also allows a person who case, the court issues is the victim of identity theft and who was a writ of certiorari. falsely prosecuted to have those records expunged. The state legislature expanded to some extent the expungement and/or sealing of criminal records with the new statutes to go into effect on Nov. 1, 2018. If you, a relative or friend desire to have criminal records expunged from the public record and possibly law enforcement and/or background checks, contact Frasier, Frasier, and Hickman, LLP.