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ROACH v. JIMMY D. ENTERPRISES, LTD.

No. 83534.

912 P.2d 852 (1996)

Marilyn I. ROACH and Joy Warren, individually; and Joy Warren as personal representative of the Estate of Jay D. Dillon, deceased; and Jerry Dillon, Plaintiffs, and Brenda Carr, individually; Brenda Carr, Guardian of the person and estate of Shane J. Dillon, a minor child; Brenda Carr, as surviving parent of Miranda J. Dillon, deceased; Brenda Carr, as surviving parent of Jodi Lee Dillon, deceased; Brenda Carr, as surviving parent of Katie Alison Dunsworth, deceased; Additional Plaintiffs/Petitioners, v. JIMMY D. ENTERPRISES, LTD. d/b/a Frisco Bar; James A. Dempewolf; John A. McClung d/b/a Pond Creek Country Club; and the Estate of Orville Virgil Rathjen, Defendants/Respondents.

Supreme Court of Oklahoma.

As Corrected March 4, 1996.

Attorney(s) appearing for the Case

Alec McNaughton, Susan McNaughton, John M. Jameson, Norman, Edem, McNaughton & Wallace, Enid, for Plaintiffs Marilyn I. Roach, Joy Warren, Joy Warren as representative for the Estate of Jay D. Dillon, deceased, and Jerry Dillon.

Roger L. Johnston, Johnston & Hladik, Enid, Guardian Ad Litem for Shane Dillon.

Craig L. Box, Brian N. Lovell, Gungoll, Jackson, Collins, & Box, P.C., Enid, for Plaintiff Brenda Carr, Guardian of Shane Jay Dillon, and surviving parent of Miranda Jay Dillon, Jodi Lee Dillon and Katie Alison Dunsworth.

David D. Wilson, Tim Cain, Larry W. Dixon, Wilson, Cain & McAtee, Oklahoma City, for Defendant/Respondent Estate of Orville Rathjen.

Stephen Jones, Michael D. Roberts, Jones & Wyatt, Enid, for Defendants/Respondents, Jimmy D. Enterprises, Ltd., d/b/a Frisco Bar; James A. Dempewolf; and John A. McClung d/b/a Pond Creek Country Club.

John S. Thomas, Enid, Administrator of the Estate of Orville Virgil Rathjen, deceased.

LAVENDER, Justice.

The question presented for our determination is whether 12 O.S. 1991 §§ 1053-55 should be read in conjunction with one another and allow for the recovery of punitive damages where appropriate in an action for the wrongful death of a minor. We answer affirmatively.

I. FACTS and PROCEDURAL HISTORY

On October 4, 1992, Orville Virgil Rathjen (Rathjen) was driving his car north on...

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