HENDREN v. MERCY HEALTH CENTER INC.

No. 64815.

770 P.2d 12 (1988)

Mary S. HENDREN, Administratrix of the Estate of Karen Sue Smith, Appellant, v. MERCY HEALTH CENTER INC., a domestic corporation, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied March 28, 1989.


Attorney(s) appearing for the Case

Howard K. Berry, Berry & Berry, P.C., Oklahoma City, for appellant.

Ronald R. Hudson, Holloway, Dobson, Hudson & Bachman, Oklahoma City, for appellee.


ALMA WILSON, Justice:

The issue presented by this case is whether the trial court committed prejudicial reversible error by instruction number fourteen, "assumption of the risk." The trial court rendered judgment in a jury verdict for the appellee and denied the appellant's motion for new trial. The Court of Appeals affirmed. We have previously granted certiorari and now hold that the instruction was prejudicial reversible error under the facts of this case.

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