Huffman v. Oklahoma Coca-Cola Bottling Company

8 Citing cases

  1. Multiple Injury Trust Fund v. Garrett

    408 P.3d 169 (Okla. 2017)

    Nothing in the text of Section 171, however, requires a quantifiable percentage of impairment to accompany the prior adjudicated disability as Fund alleges. In construing statutes, "[t]he general rule is that nothing may be read into a statute which is not within the manifest intention of the legislature as gathered from the act itself ...." Huffman v. Oklahoma Coca–Cola Bottling Co., 1955 OK 76, ¶ 18, 281 P.2d 436, 440 (quoting 50 Am. Jur., Statutes, § 244 ). At the time of Claimant's subsequent compensable injury on March 22, 2007, Claimant had satisfied the statutory definition of a "physically impaired person" by virtue of the 1992 adjudication.C. Permanent Total Disability Claims Against the Fund

  2. Devin v. Jones

    426 P.2d 343 (Okla. 1967)   Cited 1 times

    Such a conclusion would require an unauthorized exercise of legislative power by the court and would not be in accord with accepted rules of statutory construction. A similar situation existed in Huffman v. Oklahoma Coca-Cola Bottling Company, Okla., 281 P.2d 436. There the court refused to enlarge upon Title 40 O.S. 1951 § 72[ 40-72], by including in the term "dangerous machinery" a power driven mechanical conveyor belt not otherwise specifically enumerated therein. There the court held:

  3. Butler v. Multiple Injury Tr. Fund & the Workers' Comp. Comm'n

    458 P.3d 648 (Okla. Civ. App. 2019)

    ¶15 "In construing statutes, ‘[t]he general rule is that nothing may be read into a statute which is not within the manifest intention of the legislature as gathered from the act itself ....’ " Multiple Injury Trust Fund v. Garrett , 2017 OK 62, ¶ 20, 408 P.3d 169 (quoting Huffman v. Oklahoma Coca-Cola Bottling Co. , 1955 OK 76, ¶ 18, 281 P.2d 436 ).¶16 We find nothing in the language of the statutes governing MITF awards, 85A O.S. §§ 30 through 34, suggesting the legislature intended § 32(B) to impose a "once in a lifetime" restriction barring a "physically impaired person" who timely files a claim — regardless of the claimant's age or prior awards — from receiving PTD benefits.

  4. Racher v. Westlake Nursing Home Ltd.

    871 F.3d 1152 (10th Cir. 2017)   Cited 118 times
    Holding new trial was not warranted where judge overruled objection to improper argument but properly instructed the jury on the difference between compensatory and punitive damages

    Edmondson v. Pearce, 2004 OK 23, ¶ 79 n.48, 91 P.3d 605, 640 n.48 (Okla. 2004) (quoting Huffman v. Okla. Coca–Cola Bottling Co., 1995 OK 76, ¶ 18, 281 P.2d 436, 440 (Okla. 1955)).

  5. Edmondson v. Pearce

    2004 OK 23 (Okla. 2004)   Cited 54 times

    This rule is derived from the "ancient and generally accepted rule of construction known as 'Noscitur A Sociis' which . . . means: 'The meaning of a doubtful word may be ascertained by reference to the meaning of words associated with it.'" Application of Central Airlines, Inc., 1947 OK 312, 185 P.2d 919, 923-924(citation omitted); see also Huffman v. Oklahoma Coca-Cola Bottling Co., 1955 OK 76, 281 P.2d 436, 440 (providing that "a statute should not be construed any more broadly or given any greater effect than its terms require. Where the language of the statute is clear in limiting its application . . . and leaves no room for doubt as to the intention of the legislature, there is no authority to transcend or add to the statute, [and the statute] may not be enlarged, stretched, or expanded, or extended. . . .").

  6. Justus v. State Ex. Rel. Dept. of Public Safety

    2002 OK 46 (Okla. 2002)   Cited 12 times
    In Justus, we held the parking lot at the apartment complex was not a public parking lot for purposes of the implied consent statute, pointing out that it was fenced off, gated, locked at night, and clearly marked as a private parking lot with signs at every entrance.

    ¶ 9 We view the Court of Criminal Appeal's interpretation of § 1-142(b) as too broad in that it would make virtually every private parking lot a public parking lot for purposes of Title 47. "The general rule is that nothing may be read into a statute which is not within the manifest intention of the legislature as gathered from the act itself." Huffman v. Oklahoma Coca-Cola Bottling Co., 1955 OK 76, 281 P.2d 436, 440. "Where the language of the statute is clear in limiting its application . . . and leaves no room for doubt as to the intention of the legislature, there is no authority to transcend or add to the statute, [and the statute] may not be enlarged, stretched, or expanded, or extended to cognate or related cases not falling within its provisions." Id.

  7. Magnolia Petroleum Company v. Angelly

    306 P.2d 309 (Okla. 1956)   Cited 14 times
    In Magnolia, a supplier of aviation fuel provided an airport with a tank and pump assembly with a leaky hose. Angelly, an airport employee, was badly injured when he lit a match some distance from the fuel tank.

    Plaintiff's employment was not one of those specifically forbidden by such section and therefore was not in violation thereof. 56 C.J.S., Master and Servant, §§ 14 and 419; Huffman v. Oklahoma Coca-Cola Bottling Company, Okla., 281 P.2d 436. Defendants also contend that the court erred in overruling their motion for new trial on the grounds of newly discovered evidence.

  8. Allison v. City of El Reno

    894 P.2d 1133 (Okla. Civ. App. 1995)   Cited 6 times
    In Allison v. City of El Reno, 1994 OK CIV APP 170, 894 P.2d 1133, the court held as follows: "A § 1101 offer terminates only upon two events: acceptance by the plaintiff, or expiration of five days."

    In construing a statute, courts generally may not read into the statute that which is not within the manifest intention of the legislature as gathered from the act itself, and a statute should not be construed any more broadly or given any greater effect than its terms require. Huffman v. Oklahoma Coca-Cola Bottling Co., 281 P.2d 436 (Okla. 1955). In section 1101, there is an absence of any language which dictates that offers to allow judgment are irrevocable.