DOWNUM v. MUSKOGEE STOCKYARDS & LIVESTOCK AUC.

No. 49192.

565 P.2d 368 (1977)

Lowell DOWNUM, Appellant, v. MUSKOGEE STOCKYARDS AND LIVESTOCK AUCTION, INC., a corporation, Appellee.

Supreme Court of Oklahoma.

June 7, 1977.


Attorney(s) appearing for the Case

Wilcoxen, Cate & Scherer, Andrew Wilcoxen, Muskogee, for appellant.

Best, Sharp, Thomas & Glass, Joseph M. Best, Joseph A. Sharp, Tulsa, for appellee.


DOOLIN, Justice.

This was a suit for injuries sustained by plaintiff when he fell on the business premises of defendant. The case was tried to a jury under the comparative negligence statute, 23 O.S. 1975 Supp. §§ 11, 12. The jury returned a verdict in the following form:

"We, the jury in the above action duly impaneled and sworn, upon our oaths, find:
  1. Plaintiff's fault (0% to 100%)    45%
  2. Defendant...

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