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MORGAN v. GALILEAN HEALTH ENTERPRISES, INC.

No. 88,957.

977 P.2d 357 (1998)

1998 OK 130

Marilyn MORGAN, as Guardian of Donald Wayne Quinton, Plaintiff-Appellee, v. GALILEAN HEALTH ENTERPRISES, INC., d/b/a Beggs Living Center and John Doe, Defendant-Appellant.

Supreme Court of Oklahoma.

Rehearing Denied May 11, 1999.

Attorney(s) appearing for the Case

Ray H. Wilburn, Scott R. Taylor, Wilburn, Masterson & Smiling, Tulsa, Oklahoma, for Appellant.

Stratton Taylor, Vani Singhal, Taylor, Burrage, Foster & Singhal, Claremore, Oklahoma, for Appellee.

Karen M. Grundy, Best, Sharp, Holden, Best, Sullivan & Kempfert, Tulsa, Oklahoma, for Amici Curiae, Eufala Manor Nursing Home, Oklahoma Nursing Homes, Ltd., and Ranch Terrace Nursing Homes, Inc.

OPALA, J.

¶ 1 The issues presented on appeal are: (1) Is the plaintiff entitled to a prevailing-party counsel-fee award authorized by the provisions of the Nursing Home Care Act (the "Act")1? and (2) if so, was there error in basing the amount of that award upon the terms of a contingent-fee contract between the plaintiff and her counsel? We answer both questions in the affirmative.

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