Court Overturns Lower Ruling in 2018 Mannford Fatality Case
The Oklahoma Court of Civil Appeals has reversed a lower court’s dismissal of a 2018 wrongful death lawsuit filed against Oklahoma Gas & Electric (OG&E), Oklahoma Natural Gas (ONG), and other companies.
In its decision, the appellate court found that the summary judgment previously granted to Skyline Communications Inc. and OG&E by Oklahoma County District Court Judge C. Brent Dishman was “improperly granted.”
Background: Worker Electrocuted During Home Weatherization
Accident During Subcontracted Work in Mannford
The case stems from the death of Javier Diaz, an employee of WeatherTech, which had been subcontracted by Skyline Communications to perform home weatherization work in Mannford, Oklahoma.
Diaz was killed after contacting an energized TV antenna while working in the attic of a home, causing him to fall through the ceiling. His wife filed a wrongful death lawsuit against both Skyline and OG&E, alleging negligence and failure to ensure a safe work environment.
District Court Granted Summary Judgment Without Hearing
Companies Claimed Legal Immunity
Judge Dishman granted summary judgment in favor of Skyline and OG&E without holding a hearing, siding with the companies’ arguments that they were “prime contractors” and therefore immune from liability under state law.
Both companies contended that their contractual roles placed responsibility on subcontractors, shielding them from direct liability for on-site injuries.
Appeals Court Finds Fault with Summary Judgment
OG&E May Still Face Vicarious Liability
The Court of Civil Appeals disagreed, concluding that the district court’s decision was legally flawed.
In its opinion, the court wrote:
“Any grant of summary judgment based on the notion that OG&E cannot be held vicariously liable for the alleged torts of Skyline was erroneous.”
The appellate judges ruled that factual disputes remained unresolved, making summary judgment improper.
Case Remanded for Further Proceedings
New Hearing Ordered in Oklahoma County
The appellate court’s ruling remands the case back to Oklahoma County District Court for further proceedings.
Legal analysts say the decision reopens the possibility of vicarious liability claims against OG&E and its contractors, and could have implications for future utility subcontracting and safety oversight cases in Oklahoma.
The wrongful death lawsuit, now back in district court, will proceed under renewed scrutiny into the relationships between contractors, subcontractors, and utility companies.