Chase McBride, the Mayes County 2019 Law Day Chair, presented a Law Day award at the Salina Elementary assembly to a second grader who took second place in a statewide competition. The Law Day competition involved over 1,100 students across the state of Oklahoma submitting essays and drawings to be judged by the Oklahoma Bar Association.
Kim Ritchie, as the City of Attorney for the City of Pryor Creek, had the privilege of swearing in the City's new Mayor and other officials today at the City Hall. The primary role of the City Attorney is to act as the legal adviser to, and attorney and counselor for, the municipality and all of its officers in matters relating to their official duties.
Chase McBride has been selected for the CJA Training Panel and to will begin training to become a private contract attorney with the U.S. Federal Courts under the Criminal Justice Act (“CJA”). Mr. McBride’s training will include courses on various legal issues found in federal criminal defense cases along with training alongside other already qualified federal criminal defense attorneys and assisting them in their cases.
The Criminal Justice Act (CJA) (United States Code: Title 18, § 3006A) provides federal funds for attorneys, experts, and services necessary for the adequate representation of indigent defendants in federal court. These indigent defendants will be represented by a federal public defender or by qualified private contract attorneys.
Once training is completed, Mr. McBride will be required to separately apply to be accepted onto the CJA Panel of Private Attorneys and begin taking federal clients as appointed by the U.S. Federal Courts in Oklahoma's Northern and Eastern Districts.
Our firm is excited to announce the addition of Nick Atwood as a Partner to our law firm and the opening of a new office in Shawnee, Oklahoma. Our firm already represents clients in the Pottawatomie and Oklahoma County areas. The addition of Mr. Atwood and our new office location in Shawnee will help all of our attorneys better serve our existing clients in the central Oklahoma area as well as provide services for new clients.
Nick’s practice is focused on general civil litigation, property law, eminent domain law, business law, municipal law, estate law, employment law, family law and tribal law. He is licensed to practice in the Oklahoma State Courts and in the United States District Court for the Western District of Oklahoma. More information can be found regarding Mr. Atwood on his full biography located in the Attorneys section of our web page.
The Shawnee Office is located at 116 N. Bell Ave., Shawnee, OK 74801.
Merry Christmas from everyone at Ritchie, Rock & McBride Law Firm. We hope your holidays will be filled with joy and laughter through the New Year. Thank you for your continued support and partnerships. We look forward to serving you in the years to come. Merry Christmas!
Christmas is a time about giving and family. Our firm is blessed to be able to take part in the Mayes County Angel Tree to help provide for children and youth in the area who will otherwise go without. We encourage all to take part in your area's Angel Tree. As of today, the Mayes County Angel Tree still has approximately 60 of this year's 700 children remaining on the tree waiting to be picked up. Mayes County has a total population of only around 40,000 total including adults.
To learn how you can participate in the Mayes County Angel Tree, you can call the Pryor Chamber of Commerce at: 918-825-0157.
Chase McBride has been elected to the Board of Directors for the Oklahoma Bar Association’s Young Lawyer Division. The Young Lawyer Division of the Oklahoma Bar Association is for lawyers who have been practicing law for less than 10 years. Its purpose is for young lawyers to organize to focus on bar-related issues and public service-related projects. Chase was elected by other young lawyer across the state to serve in a Rural At-Large Seat. The seat represents all counties in Oklahoma except for Tulsa and Oklahoma Counties.
Oklahoma has several news laws that went into effect on November 1, 2018. Below is a brief synopsis of the laws:
Chase McBride was invited to lecture today at the Tulsa County Bar Association to help provide other lawyers with useful information regarding Grand Parent Rights in Oklahoma. McBride's lecture was considered to be a Continued Learning Credit by the Oklahoma Bar Association for lawyers to help them stay up to date on their legal knowledge.
The Oklahoma Court recently held that a business negligently entrusting an employee with a vehicle can be held liable for a separate and distinct claim from the respondent superior doctrine if the employee is involved in a crash.
The Oklahoma Supreme Court issued an Opinion on September 18, 2018 in Fox v. Mize that an employer's liability for negligently entrusting a vehicle to an unfit employee is a separate and distinct theory of liability from that of an employer's liability under the respondeat superior doctrine. Even an employer's stipulation that an accident occurred during the course and scope of employment does not bar a separate negligent entrustment claim.
What is the respondeat superior doctrine (also called vicarious liability)? The term Respondeat Superior is Latin that translates to “Let the Master Speak for Himself”. This law requires an employer to be liable for the acts of an employee if the act was conducted within the scope of their employment.
This case arose when a truck driver was in an accident that killed a motorcyclist while the truck driver was driving for his employer. The administrator of the deceased estate brought a lawsuit for negligence against the truck driver and against the employer under the respondeat superior theory. The administrator also sued the employer for negligent entrustment of allowing the driver to drive the businesses vehicle.
The court held that this was proper because the negligence claim under the respondeat superior theory was for a separate and distinct act than the act of negligently entrusting the driver to drive the business vehicle.
How can this affect a business? The Court stated, “Employers employing unfit and unqualified drivers cannot insulate themselves from a negligent entrustment claim simply by stipulating that the employee driver was acting in the course and scope of employment.”
If you own a business, you need to make sure you have a procedure and are following it when entrusting any of your employees with a vehicle (or other action for that matter). If you follow a proper established procedure to ensure that your employees are properly trained and prepared for the tasks you give them, you will be better prepared to defend a similar claim if one arises against your business.