THE OKLAHOMAN | OKLAHOMAN.

COM  Wednesday, July 17, 2019  A15

Q&A WITH DONALD BULLARD

Supreme Court rules actions

intentional vs. accidental in
employee injury case
Donald Bullard is the founder Donald Bullard
of Bullard and Associates. The is the founder
Oklahoma Supreme Court of Bullard and
recently issued a decision in the Associates.
case of Wells v. Oklahoma
Roofing and Sheet Metal.
What was the case about?
The case involved an The injury was “not within the
employee of Oklahoma scheme of the workers’ com-
Roofing and Sheet Metal pensation system” and allowed
who was working on the for the workers’ estate to
roof of a three-story build- pursue a case in District Court.
ing and died from a fall after What does this mean for
Angus McQueen, longtime CEO of Ackerman McQueen, is shown in this 1998 photo. [OKLAHOMAN ARCHIVES] his employer required him to Oklahoma employers?
unhook his fall protection. Simply stated, with or

Angus McQueen
What was the issue the without this decision, owners
Supreme Court decided? and supervisors should always
Oklahoma’s Workers’ take steps to protect their
Compensation law provides employees, especially in high-

dead at age 74
a specified amount of dam- risk industries. However, no
ages to injured workers or, matter the precautions, acci-
in this case, their families for dents will happen on the job.
accidental injuries arising from The decision in Wells means
work-related hazards. The that under no circumstances
key word is accidental. The should employees ever be put
Supreme Court was deciding in a position where an injury is
By Steve Lackmeyer stations in St. Louis and House staff. He served as whether the directive from the substantially certain to occur.
Business Writer Houston. From 1965 vice president and general employer to remove the safety Employers must establish
[email protected] through 1972 he directed manager of Lewis/Unitas device was an “intentional” act appropriate safety protocols
coverage of all Gemini Advertising in New York, and therefore the result was and require those protocols
Angus McQueen, longtime and Apollo missions at the introducing Ticketron com- not an “accident.” If inten- be followed. Mandate the use
CEO of Ackerman McQueen, Manned Spacecraft Center puterized ticketing in major tional, the statutory damages of appropriate safety equip-
the city’s largest and oldest in Houston for NBC News. U.S. markets. would no longer apply and the ment. Issue reprimands if
advertising agency, died McQueen also was a writer In 1973, McQueen joined estate could proceed against necessary. No employer
Tuesday after battling and director with the U.S. Ackerman McQueen, the firm the employer in District Court wants to find themselves in
cancer. He was 74. Navy Office of Information started by his father, Marvin, for significantly more money. the position of the defendant
By mid-day, a tribute to in Washington, D.C., serv- and partner Ray Ackerman What was the outcome? in this matter and concern
McQueen was posted on the ing two years of active duty when they took over the The Supreme Court ruled for the well-being of your
company’s website. during the Vietnam War. George Knox Advertising the employer knew the injuries employees goes a long way.
“Angus McQueen was As Managing Producer of Agency. McQueen started were “substantially certain to  
a relentless champion of Broadcast Production with as vice president and creative occur” and, therefore, rose to Paula Burkes, Business writer
dreams. Dreams for his cli- the D’Arcy Advertising Co. director and was promoted to the level of an intentional act.
ents, dreams for his company in New York, McQueen president in 1984 and then
and his employees, dreams wrote and produced televi- CEO in 1987.
for his hometown, Oklahoma sion advertising for Royal Over more than 30 years he
City, and dreams for his Crown Colas, Lufthansa nurtured a relationship with
country,” the firm said in German Airlines, General the firm’s biggest client, the IN BRIEF
a statement. “He spent his Tire, Gerber Foods, SCM NRA, that led to the firm
career in earnest pursuit of Typewriters, Taylor Wines opening offices in Dallas and magazine, the list recognizes
those dreams, and in the pro- and others. Washington, D.C. That rela- TULSA the top 150 performers among
cess, raised the fortunes, the In 1972, he directed net- tionship frayed over the past Three Oklahoma ABC member contractors
standards and the aspirations work pool coverage of few years and the 38-year companies recognized for achievements in safety,
of everyone who joined him the Republican National contract was terminated last quality, diversity and project
in that pursuit.” Convention in Miami month by both sides amidst Three Tulsa-based com- excellence ranked by work
McQueen began his career and other election-year lawsuits over billings and panies have been named hours, with special designa-
in 1962 as a producer and broadcasts with President alleged contract breaches. to the Associated Builders tions identified.
director with television Richard Nixon’s White Services are pending. & Contractors’ list of the “ABC Top Performers are
150 top-performing U.S. leading the way in the merit
commercial and industrial shop construction industry,
construction contractors. where diverse participants are
Manhattan Construction constantly striving to achieve

MAMMOTH that federal investigators

were examining contracts
the island’s power author-
informed judgement could
be reached,” he stated.
In an affidavit filed made
Co. topped the Oklahoma
companies on the list at No.
37. Flinto LLC landed at No.
the highest levels of personal
and company performance
in an environment of fair and
From Page A14 ity had issued to companies by a federal agent as part of 1, while Cantera Concrete open competition,” ABC CEO
involved in rebuilding  the the government’s request Co. LLC was listed at No. 80. Michael Bellaman said.
grid. to have the case litigated in Published as a supplement
prevented him from chal- The Wall Street Journal Puerto Rico, the govern- to Construction Executive Staff reports
lenging what happened. reported then that Ahsha ment confirmed it seized
Short of that, his petition Tribble, a high-ranking about $71,000 from Ellison’s
seeks at least to get those FEMA official who previ- checking account, about
documents unsealed. ously obtained a doctorate $276,500 from Ellison’s
“In that way, Ellison will
at least have rudimentary
notice of the charges against
in meteorology from the
University of Oklahoma,
had been accused of direct-
savings account, about
$100,306 from a joint sav-
ings account Ellison had,
WYNDHAM Online reviews show the
hotel has continued to strug-
gle from years of neglect that
him and be able to test the ing business to Cobra. plus $1 million from an From Page A14 includes numerous complaints
premise for the seizure,” his While documents prompt- investment account Ellison about worn-out furnish-
petition reads. ing the seizures remain had. ings, cleanliness, backed-up
U.S. attorneys are working sealed, Ellison stated in a Ellison’s suit challenges promises of unrivaled hotel plumbing and a lack of hot
to have Ellison’s case moved declaration he made in his the amount seized from luxury featuring 24 cabana water.
to federal court in Puerto case that he understands the investment account, units surrounding a heated Photos posted on review
Rico. from others that the govern- stating that federal authori- pool, a presidential suite with sites show the pool still empty
“There is an ongo- ment may be investigating ties actually seized about its own swimming pool, a and dirty as of late June. The
ing criminal investigation whether he gave Tribble $4.42 million from that one private club and ample con- area surrounding the hotel,
involving FEMA’s PA (Public inappropriate gifts that account, alone. vention space. however, has enjoyed a
Assistance) grant program, could have included theater Additionally, the federal The hotel hit hard times revival in recent years and is
the Puerto Rico Electric and airplane tickets, rides on agent stated the government during the 1980s oil bust, at surrounded by newer hotels,
Power Authority and con- company helicopters, jew- seized a catamaran Ellison one point going into receiver- restaurants and entertain-
tracts awarded to Cobra,” elry, hotel rooms or other had acquired for $666,640, ship with reported occupancy ment venues, including a Dave
U.S. attorneys stated in a things of value. as well as a pickup he had at less than 30 percent. & Buster’s.sub
brief filed in that case. Ellison declared agents spent about $30,000 to
Ellison, a decorated hadn’t asked him whether acquire.
Army Ranger who served there was evidence that Previously, Mammoth
in Somalia, Bosnia, Tribble, in fact, paid “for stated its agreements to
Afghanistan and Iraq, was
CEO of Cobra from January
2017 until June.
certain items of the type they
have inquired about.”
He did note in the declara-
restore the grid in Puerto
Rico were negotiated with
that island nation’s author-
JOHNSON to not ride down 10 or 20%,”
Dollarhide said. “If you believe
in Johnson & Johnson, it might
Before that, he served as a tion that Cobra had, at one ities and that its contracts From Page A14 (become) a good time to buy in.”
CEO, executive vice presi- point, provided Tribble with were proper and were If the ruling is heavily in
dent and vice president a helicopter ride and treat- reviewed both by govern- favor of Oklahoma, other states
at other companies in the ment related to a medical ment and independent but he expects that potential may attempt similar lawsuits,
utility industry during a emergency she had experi- entities. outcome ultimately could prove Dollarhide said, which could
civilian career that spanned enced on the island. On Tuesday, Mammoth’s inconsequential for investors, then lead to more serious cause
18 years. But he stated in the dec- statement declared its and the company could bounce for concern among shareholders.
Under his leadership, laration that Tribble had executives remain proud of back. “There could be a ton of set-
Mammoth’s Cobra secured reimbursed the company the repair and replacement “As far as Wall Street is con- tlements,” Dollarhide said. “It
a series of contracts in for its expenses related to work Cobra completed to cerned, this is much ado about could be the start of a settlement
2017 and 2018 worth more that event. help Puerto Rico restore nothing,” Dollarhide said. bonanza and could lead to the
than $1.8 billion with the In other occasions where its electrical system “in “Johnson & Johnson is not going consolidation and bankruptcy
Puerto Rico Electric Power government officials would an extremely challenging to go out of business because of some of the smaller players.”
Authority to repair storm meet Cobra employees environment.” of this ruling. Other compa- Johnson & Johnson boosted
damage caused by Hurricane periodically to discuss ongo- It reiterated past stories nies, this could do them in, but its full-year sales forecast to a
Maria to the island's electri- ing work and meals were have reported an indepen- Johnson & Johnson is so much range of $80.8 billion to $81.6
cal infrastructure. involved, Ellison stated he dent evaluation by the Rand more diversified.” billion, up from its April forecast
Mammoth Energy Services remembered that Cobra Corp. showed that Cobra’s The state is seeking $17.5 bil- of $80.6 billion to $81.2 billion,
officials confirmed Tuesday only paid for its employees’ rates were reasonable, con- lion from the company in its the AP reported.
they are aware of an inves- meals. sidering the “situational lawsuit. A verdict in the nonjury It also reaffirmed its April
tigation into Ellison, adding “I do not believe the uncertainty that prevailed” trial isn’t expected until the end forecast for full-year earnings
they are “cooperating fully” government could be in after the hurricane struck the of August or early September. in the range of $8.53 to $8.63
with authorities. possession of reliable island. This gives Oklahomans with per share. Industry analysts
That differs from their information about me or “We were one of very few an eye on Johnson & Johnson have projected per-share annual
reaction in June, when they Cobra’s dealings in Puerto companies that answered stock some time to mull over earnings of $8.61.
declined to confirm whether Rico because it has never the call to help the people of their options.
Ellison was being investi- obtained the necessary doc- Puerto Rico in their time of “If you want to sell prior to CONTRIBUTING:
gated after a story broke umentation from which an need,” its statement reads. the verdict, it could be a way The Associated Press