BALLARD v. TULSA PAIN CONSULTANTS, P.C.

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BALLARD v. TULSA PAIN CONSULTANTS, P.C.
2013 OK 61
Case Number: 110835
Decided: 06/27/2013

THE SUPREME COURT OF THE STATE OF OKLAHOMA

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

ROSE M. BALLARD and ALANA NEWTON, Individually and as Co-Personal Representatives for the Estate of Jimmy Ballard, Deceased, Plaintiffs-Appellants,
v.
TULSA PAIN CONSULTANTS, P.C., Defendant-Appellee,
and
JOHNSON & JOHNSON, a/k/a JOHNSON & JOHNSON, INC., a/k/a JOHNSON & JOHNSON COMPANY JANSSEN PHARMACEUTICA PRODUCTIONS, LP, ALXA CORPORATION, KATHY'S PHARMACY & GIFTS and JOHN DOE DEFENDANTS 1, 2, 3 and 4, Defendants.

ORDER OF SUMMARY DISPOSITION

¶1 Rule 1.201 of the Oklahoma Supreme Court Rules provides that "[i]n any case in which it appears that a prior controlling appellate decision is dispositive of the appeal, the court may summarily affirm or reverse, citing in its order of summary disposition this rule and the controlling decision." Okla. S. Ct. Rule 1.201.

¶2 After reviewing the record in this case, THE COURT FINDS that our recent decisions in Wall v. Marouk, 2013 OK 36, ___P.3d___ and Douglas v. Cox Retirement Props., 2013 OK 37, ___P.3d___, dispose of the issues in this case.

¶3 IT IS THEREFORE ORDERED that the trial court's dismissal of this case is reversed and the cause is remanded for further proceedings.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 27th day of June, 2013.

/S/CHIEF JUSTICE

COLBERT, C.J., REIF, V.C.J., WATT, EDMONDSON, GURICH, JJ. - CONCUR

WINCHESTER & TAYLOR, JJ. - DISSENT

KAUGER, J. - NOT PARTICIPATING

COMBS, J. - DISQUALIFIED

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