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BERRY v. EMPIRE INDEM. INS. CO.

No. 53632.

634 P.2d 718 (1981)

Marcus BERRY, Appellant, v. EMPIRE INDEMNITY INSURANCE COMPANY and Joe Brown Company, Inc., Appellees.

Supreme Court of Oklahoma.

September 22, 1981.

Attorney(s) appearing for the Case

C. Rabon Martin, Martin & Silva, Tulsa, for appellant.

Gibbon, Gladd, Taylor, Smith, Hickman, P.A. by John A. Gladd and Brad Smith, Tulsa, for appellee.

DOOLIN, Justice:

Today we are requested to either overrule or modify Laubach v. Morgan.1 We are posed the following questions: (1) Did the State Legislature in effect overrule Laubach when it established a right of contribution among tort-feasors in 12 O.S.Supp. 1979 § 832? (2) Should the several liability rule apply to a pure, or faultless, plaintiff?

I

Plaintiff was a passenger in a city-owned garbage...

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