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GOBBLE v. CHESAPEAKE ENERGY CORP.

No. 111560.

311 P.3d 454 (2013)

2013 OK CIV APP 89

Brian GOBBLE, Individually and Dena Parsons, Individually and as Special Administrator of the Estate of Michael Parsons, Deceased, Plaintiffs/Appellants, v. CHESAPEAKE ENERGY CORPORATION, Defendant/Appellee, and The Manitowoc Cranes, Inc.; Grove Worldwide, L.L.C., a Delaware Corp.; Scott-Macon Equipment Oklahoma, Inc.; Silvercliffe Construction Company; John Doe I, now identified as J & L Ventures, L.L.C., Successor to Anderson Safety and Compliance, L.L.C., and John Does 2-5, Defendants.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3. Court of Civil Appeals of Oklahoma, Division No. 3.

August 30, 2013.

Attorney(s) appearing for the Case

Richard M. Fogg , Renee S. Eberhardt , Fogg Law Firm, El Reno, Oklahoma, and Michael Shane Lucado , Lucado Law Firm, Birmingham, Alabama, for Plaintiffs/Appellants.

Daniel E. Bryan, III , Thomas Knowlton Ishmael , Hornbeek, Vitali & Braun, P.L.L.C., Oklahoma City, Oklahoma, for Defendant/Appellee.

J. Parker Fauntleroy , Zachariah Wolfe , Schwartz, Junell, Greenberg & Oathout, L.L.P., Houston, Texas, and Gerald P. Green , John C. Lennon , Pierce, Couch, Hendrickson, Baysinger & Green, L.L.P., Oklahoma City, Oklahoma, for Defendant, Scott-Macon Equipment Oklahoma, Inc.

Cary E. Hiltgen , Brock C. Bowers , Anh Kim Tran , Hiltgen & Brewer, P.C., Oklahoma City, Oklahoma, for Defendants, The Manitowoc Cranes, Inc. and Grove U.S., L.L.C.

H. David Hanes , D. Levi Hanes , Hanes Law Firm, Yukon, Oklahoma, for Defendant, J & L Ventures, L.L.C.

BRIAN JACK GOREE, Judge.

¶ 1 We affirm the trial court's grant of summary judgment in this premises liability case. The owner of the premises, Chesapeake Energy Corporation, did not owe a duty in connection with the operation of the crane involved in the accident. Although Chesapeake exercised some control over the schedule for completing the construction project, and the site plan designating the work zones, the instrumentality that caused the injury was a crane...

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