Jordan v. Western Farmers Electric Cooperative
290 P.3d 9
Okla.2012Background
- Jordan sued Western Farmers Electric Cooperative in district court for an intentional tort based on on-the-job exposure to highly toxic fly ash.
- Western disposed of fly ash in ponds until 2002 and later spread it on plant roads and parking lots.
- Jordan alleges exposure caused injury, pain, impairment, and lost income.
- Trial court dismissed under 12 O.S. § 2012(B)(1) for failure to state a claim; WC exclusive remedy.
- Court of Civil Appeals affirmed dismissal; certiorari granted to decide sufficiency of the petition under the substantial certainty standard.
- This decision applies to injuries accruing in 2009 and prior under the then-current liability provisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the petition plausibly show an intentional tort under substantial certainty? | Jordan alleged toxicity and altered disposal showing knowledge of harm. | Jordan failed to show knowledge or intent; falls within exclusive WC remedy. | Yes; petition plausibly demonstrates intentional tort under substantial certainty. |
| Should Parret govern despite later statutory changes? | Parret controls the substantial certainty standard for injury accrual. | 2010 amendment overruled Parret and alters standard. | Parret governs for injuries accrued before the 2010 change. |
| Does the 2010 statutory change affect Jordan's case despite Parret? | Right accrued under Parret before change; change cannot retroactively apply. | Statutory change governs all subsequent cases. | Not controlling; Parret applies to this case. |
Key Cases Cited
- Parret v. UNICCO Service Co., 127 P.3d 572 (Okla. 2005) (establishes substantial certainty standard and plausible pleading requirement)
- Price v. Howard, 236 P.3d 82 (Okla. 2010) (employer's knowledge must be shown; not summary judgment here)
- Hayes v. Eateries, Inc., 905 P.2d 778 (Okla. 1995) (reviewing dismissal for failure to state a claim; de novo standard)
- Frazier v. Bryan Memorial Hospital Authority, 775 P.2d 281 (Okla. 1989) (pleading must show plausible entitlement to relief)