SMITH v. JENKINS

No. 75723.

873 P.2d 1044 (1994)

Leroy R. SMITH, Plaintiff-Appellant, v. Debra Jean JENKINS, Defendant-Appellee.

Supreme Court of Oklahoma.

April 26, 1994.


Attorney(s) appearing for the Case

Dale J. Briggs, Briggs, Patterson & Associates, Tulsa, for appellant.

John S. Gladd and Marthanda J. Beckworth, Thomas, Glass, Atkinson, Haskins, Nellis & Boudreaux, Tulsa, for appellee.


OPALA, Justice.

The dispositive issue on certiorari is whether, in comparative-negligence litigation, where both parties prevail on their respective claim and compulsory counterclaim arising from the same tortious event, controlling statutory and fundamental law requires that each party litigant be allowed an attorney's fee for the successful prosecution of its own claim and that the amount awarded be reduced by the...

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