Larry Austbo, Surviving Spouse of Marilyn Austbo v. Greenbriar

Summary

The Oklahoma Supreme Court reversed the district court’s grant of summary judgment, holding that the defendants did not obtain immunity under either the federal PREP Act or the state COVID‑19 Public Health Emergency Limited Liability Act. The Court found no evidence of the required causal relationship for PREP immunity and determined the impact and gross‑negligence elements of the COVID‑19 Act were not satisfied. The case was remanded for further proceedings.