LEGAL AREAS OF CONCENTRATION

General Civil Trial Practice
Business & Employment Litigation
Contractual & Commercial Disputes
Personal Injury & Defective Product Law

LEGAL EXPERIENCE

Mr. Winter has been affiliated with Pray, Walker, Jackman, Williamson & Marlar since 1992 and has focused on trials of civil disputes. Mr. Winter’s practice initially consisted of defending personal injury and product liability lawsuits. However, over time, Mr. Winter’s practice has developed to include cases involving business fraud, interference with business contracts, breaches of corporate fiduciary duties, and problems arising from commercial business relationships and agreements. Several contractual disputes have involved residential and commercial construction issues or workmanship problems. More recent cases involve oil and gas issues and surface damage proceedings. Mr. Winter’s caseload still includes the handling of injury claims. Mr. Winter has prosecuted and defended cases in bench and jury trials in state and federal courts throughout Oklahoma. Many defense cases resulted in either an agreeable settlement or a defense verdict while several prosecution cases resulted in favorable verdicts when no settlement offer was extended.

EDUCATIONAL BACKGROUND

Brigham Young University
Bachelor of Arts (1992)

University of Tulsa
Juris Doctorate (1995)

COURT ADMISSIONS

Oklahoma Supreme Court and District Courts

U.S. District Court for Northern, Eastern and Western Districts of Oklahoma

U.S. Court of Appeals for 10th Circuit

LEGAL ASSOCIATIONS

Oklahoma Trial Lawyers Association:
• Chair of Continuing Legal Education Committee (2003-2005)

American Trial Lawyers Association of America

American Inns of Court

Oklahoma Bar Association

Tulsa CountyBar Association:
• Court Operations Committee
• Professional Responsibility Committee
• Public Relations Committee (1997 - 2004)

Washington County Bar Association

COMMON ISSUES ADDRESSED IN MR. WINTER’S PRACTICE AREA

Business and Employment Litigation
• Fraudulent misrepresentations by business partners and interference by competitors with contractual arrangements
• Employer’s violation of state and federal laws governing the workplace
• Wrongful discharge claims by former employee
• Breach of employment agreement or partnership agreement
• Breach of warranties between seller and buyer of various products
• Employer’s claim that former employee violated noncompete agreement
• Faulty workmanship in construction of residential homes and multi-tenant housing complex renovation

Personal Injury and Defective Products
• Prosecution of brain and spinal injury claims following traffic collision
• Prosecution of bodily injury claims following dangerous product failure or design defect
• Prosecution of bodily injury claims after dangerous premises accident

TRIAL VERDICTS AND SETTLEMENTS

• Prosecution and defense of traffic collisions, defective product injuries, and dangerous premises injuries
• Prosecution of breach of business partnership agreement, including claims of fraud and fiduciary duty violations
• Prosecuted class action following contractor’s poor workmanship in multi-resident dwelling restoration
• Prosecuted insurer for violating duties of good faith and fair dealing of insured
• Prosecuted employer for wrongful violations of The Family and Medical Leave Act of 1993

CIVIC ASSOCIATIONS

Past President and Board Member, Art After 5 with Philbrook Museum of Art
Past President and Board Member, The Summit Club
Board Member, The Bartlesville All Sports Booster Club
Past President, Bartlesville All Sports Booster Club

PUBLICATIONS AND SPEAKING TOPICS

• Employer Liability for Employee’s Acts
• Breaches of Duty Among Business Partners and Contractual
• Interference Rights
• Discovery in Civil Trial Disputes
• Tort Reform and Tort Liability Updates