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CAHILL v. WAUGH

No. 63607.

722 P.2d 721 (1986)

Augustine CAHILL and Dorothy Cahill, Appellants, v. Tom WAUGH, d/b/a the Pancake Place, Appellee.

Court of Appeals of Oklahoma, Tulsa Division.

As Corrected April 17, 1986.

Rehearing Denied May 6, 1986.

Certiorari Denied July 8, 1986.

Attorney(s) appearing for the Case

Michael J. King, Tulsa, for appellants.

Joseph A. Sharp, Lynn A. Summers, Best, Sharp, Thomas, Glass & Atkinson, Tulsa, for appellee.

Released for Publication by Order of the Court of Appeals of Oklahoma, Tulsa Division.

BRIGHTMIRE, Judge.

Was it error to withdraw from jury consideration one of plaintiffs' theories of recovery for injury sustained while leaving defendant's restaurant when hit by a missile shot from a lawn mower operated by defendant's yard man? We hold it was and reverse.

I

One day during the summer of 1983, plaintiff...

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