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WHEELER v. KOCH GATHERING SYSTEMS, INC.

No. 96-6289.

131 F.3d 898 (1997)

Sterling WHEELER, Plaintiff-Appellee, v. KOCH GATHERING SYSTEMS, INC., Defendant — Cross-Claimant — Appellant, Farrar Construction Incorporated, an Oklahoma Corporation, Defendant — Cross-Defendant.

United States Court of Appeals, Tenth Circuit.

December 5, 1997.

Attorney(s) appearing for the Case

O. Clifton Gooding (Joel C. Hall with him on the brief) of Gooding Muliniz & Hardin, P.C., Oklahoma City, OK, for Plaintiff-Appellee.

Robert D. Looney, Jr. of Looney, Nichols & Johnson, Oklahoma City, OK, for Defendant-Appellant.

Before BRORBY, McWILLIAMS and KELLY, Circuit Judges.

BRORBY, Circuit Judge.

The central issue in this negligence diversity action is whether the doctrine of res ipsa loquitur under Oklahoma law applies. Koch Gathering Systems, Inc. ("Koch"), the defendant-appellant, appeals from an adverse jury verdict and judgment denying Koch's Motion for Judgment as a Matter of Law and Motion for a New Trial. Koch's principal contention is the district court erred as a matter of law by submitting the case to the jury with...

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