CNA INS. CO. v. KRUEGER, INC.

No. 85796.

949 P.2d 676 (1997)

1997 OK 142

CNA INSURANCE COMPANY, Appellant, v. KRUEGER, INC., OF TULSA d/b/a B.M.I., Inc., now B.M.I., Inc., an Oklahoma Corporation, Appellee.

Supreme Court of Oklahoma.

As Corrected December 24, 1997.


Attorney(s) appearing for the Case

Eugene Robinson, John B. DesBarres, McGivern, Scott, Gilliard, Curthoys & Robinson, Tulsa, for Appellant.

Richard W. Wassall, Knight, Wilkerson, Parrish & Wassall, Tulsa, for Appellee.


HARGRAVE, Justice.

¶ 1 The sole issue is whether the trial court erred in giving a jury instruction on assumption of risk based on the facts of this case. Because we find that the facts support giving the instruction and the record does not reflect a probability that the jurors were misled and thereby reached a result different from that which they would have reached but for the error, we vacate the opinion of the Court...

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