THOMAS v. HOLLIDAY BY AND THROUGH HOLLIDAY

No. 63821.

764 P.2d 165 (1988)

Donald R. THOMAS, Plaintiff-Appellee, v. Daniel Dee HOLLIDAY, a minor child under the age of 18 years of age, By and Through his mother and next friend, Nagako HOLLIDAY, and Nagako Holliday, an individual, Defendants-Appellants.

Supreme Court of Oklahoma.

October 25, 1988.


Attorney(s) appearing for the Case

Jack S. Dawson, David A. Kaserman, Miller, Dollarhide, Dawson & Shaw, Oklahoma City, for defendants-appellants.

Arthur R. South, Lawton, for plaintiff-appellee.


OPALA, Justice.

The issue tendered for our decision is whether the trial court erred in granting the plaintiff's motion for new trial on the ground that its assumption-of-risk charge to the jury had been incorrectly given. We answer this question in the negative and hold that the evidence adduced at trial did not warrant an instruction on assumption of risk.

The plaintiff, Donald R. Thomas [Thomas], a security guard...

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