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LOUNDS v. STATE

No. 107665. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

255 P.3d 460 (2011)

2011 OK CIV APP 54

Lula LOUNDS, personal representative of the estate of David Shelton, deceased, Plaintiff/Appellee, v. STATE of Oklahoma ex rel. DEPARTMENT OF VETERANS AFFAIRS, a state agency, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 4.

March 25, 2011.

Attorney(s) appearing for the Case

Joe S. Carson , Homesey, Cooper, Hill and Carson, Oklahoma City, Oklahoma, and Ryan Deligans , Durbin, Larimore & Bialick, Oklahoma City, Oklahoma, for Plaintiff/Appellee.

Lisa Erickson Endres , Assistant Attorney General, Oklahoma City, Oklahoma, for Defendant/Appellant.

DOUG GABBARD II, Vice Chief Judge.

¶ 1 Defendant, State of Oklahoma ex rel. Oklahoma Department of Veterans Affairs (State or ODVA), appeals a judgment in favor of Plaintiff, Lula Lounds, the daughter and personal representative of the estate of her father, David Shelton (Decedent). For the reasons set forth below, we affirm as modified herein.

BACKGROUND FACTS

¶ 2 In November 2007, Plaintiff filed this action against ODVA, alleging...

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