Douglas v. Cox Retirement Properties, Inc.
2013 OK 37
Okla.2013Background
- Richard Douglas admitted to facility for extended care on 4/2/2009, discharged 4/28/2009, died 5/12/2009.
- Decedent's estate filed wrongful death action alleging negligent care by the facility.
- Defendant moved to dismiss under 12 O.S. Supp. 2009 § 19 (CLRA 2009).
- Plaintiff argued CLRA 2009 unconstitutional logrolling violating Okla. Const. art. 5, § 57.
- Trial court granted dismissal and certified for immediate review; Plaintiff sought certiorari in this Court.
- This opinion holds the CLRA 2009 violates the single-subject rule and the act is void in its entirety; trial court order reversed and case remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HB 1603/CLRA 2009 violates the single-subject rule. | Plaintiff argues logrolling; provisions are unrelated to civil procedure. | Defendant argues broad topic cures defects and severance is possible. | Yes; CLRA 2009 violates the single-subject rule. |
| Whether severance could save the CLRA 2009. | Severability could remove unconstitutional provisions leaving the rest intact. | Severance is not appropriate given the breadth and interdependence of provisions. | No; severance not possible; entire act void. |
| What is the remedial disposition on appeal. | Dismissal should be reversed and case reinstated. | Dismissing was proper under § 19. | Trial court's order reversing dismissal and remanding for further proceedings. |
Key Cases Cited
- Nova Health Sys. v. Edmondson, 2010 OK 21 (Okla. 2010) (single-subject rule violated; guidance to enact subjects separately)
- Campbell v. White, 1993 OK 89 (Okla. 1993) (germaneness test; not every broad topic defeats single subject)
- Thomas v. Henry, 2011 OK 53 (Okla. 2011) (severability discussed under single-subject rule)
- Fent v. State ex rel. Office of State Finance, 2008 OK 2 (Okla. 2008) (rejected broad thematic approach; germaneness standard affirmed)
- In Re Initiative Petition No. 382, State Question No. 729, 2006 OK 45 (Okla. 2006) (single-subject analysis; focus on avoid misleading all-or-nothing choices)