(DOWNLOAD) "Williams v. Stewart" by Court of Criminal Appeals of Oklahoma # Book PDF Kindle ePub Free

June 07, 2021

eBook details

Title: Williams v. Stewart
Author : Court of Criminal Appeals of Oklahoma
Release Date : January 22, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

{1} This is an appeal from an order granting summary judgment and dismissing a class action lawsuit. The issues primarily concern the application of the discovery rule. The essential elements of fraud are also at issue. Under the circumstances presented, we conclude that publicity concerning a program to use body parts removed in autopsies did not give rise to a duty to inquire as a matter of law and that the district court therefore erred in determining that the statute of limitations bars the claims asserted. Additionally, we hold that fraud was not adequately pleaded because emotional distress damages are not recoverable as part of the fraud claim. We reverse and remand for further proceedings.