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JOYCE v. M & M GAS CO.

No. 59312.

672 P.2d 1172 (1983)

Linda Jean JOYCE, Individually, and as Administratrix of the Estate of Alvin T. Wickware, Deceased, Mary Wickware, Individually and as Mother and Next Friend of Roger Dean Wickware, a Male Child Under the Age of Eighteen Years, and Rhonda Sue Wickware, a Female Child Under the Age of Eighteen Years, Larry A. Wickware, Barbara Wickware Barnes, Sherry Ann Wickware Followill and Tammy Jane Wickware, Appellants, v. M & M GAS COMPANY, an Oklahoma General Partnership, Pat Mahoney and the Aetna Casualty and Surety Company, a Connecticut Corporation, Appellees.

Supreme Court of Oklahoma.

November 29, 1983.

Attorney(s) appearing for the Case

James M. Levine, Levine & Associates, P.C., Oklahoma City, for appellants.

Suzanne E. Broadbent, John E. Wheatley, Yukon, for appellees.

Hugh A. Baysinger, Stephanie J. Croy, Pierce, Couch, Hendrickson, Johnston & Baysinger, Oklahoma City, amicus curiae for Oklahoma Association of Defense Counsel.

Larry Tawwater, Thomas A. Wallace, Oklahoma City, amicus curiae for Oklahoma Trial Lawyers Association.

OPINION

WILSON, Justice.

On December 19, 1981, Pat Mahoney left the ignition key inside a truck belonging to his employer, M & M Gas Company. That evening the truck was stolen from Mahoney's residence in Geary, Oklahoma, and driven to Oklahoma City where it was driven through a red light and collided with a vehicle driven by Alvin T. Wickware. Mr. Wickware died instantly, while his teenage son, Roger Dean Wickware, received serious and permanent injuries...

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