TRUITT v. DIGGS

No. 50042.

611 P.2d 633 (1980)

Billy J. TRUITT, Administrator of the Estate of Randall Truitt, Appellant, v. J.H. DIGGS; Harold D. Merideth; Doc F. Wadley; Robert Buff; Harry Thomas; Ron Gamble; Paul English; Pat Potts; Armand Start; C.B. McCray; Floyd Donwerth; Dene Brown; Freddye Williams; and Arthur Young and Company, a limited Partnership, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied June 16, 1980.


Attorney(s) appearing for the Case

John M. Merritt, Oklahoma City, for appellant.

Ronald L. Day of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, for appellees, Harold D. Merideth and J.H. Diggs.

Jernigan, Groves, Bleakley & Hood by William P. Bleakley and Eric J. Groves, Oklahoma City, for appellees, Doc F. Wadley, Robert Buff, Harry Thomas, Ron Gamble, Paul English, Pat Potts, Armand Start, C.B. McCray, Floyd Donwerth, Dene Brown, and Freddye Williams.

McAfee, Taft, Mark, Bond, Rucks & Woodruff by Judson S. Woodruff and James F. Maddox, Oklahoma City, for appellee, Arthur Young and Company.


BARNES, Justice:

The sole question before us is whether a petition filed in a wrongful death action stated a cause of action. The action was brought by the Administrator of the Estate of Randall Truitt, a student at U.S. Grant High School in Oklahoma City, who was shot and killed by a fellow student, James Briggs. The unfortunate incident took place on the school grounds during regular school hours as the alleged result of growing tension between a group of black...

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