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DeCORTE v. ROBINSON

No. 87570.

969 P.2d 358 (1998)

1998 OK 87

Michael DeCORTE, Plaintiff/Appellee, v. Gary ROBINSON, Defendant/Appellee, and The City Of Broken Arrow, Oklahoma, Defendant/Appellant.

Supreme Court of Oklahoma.

Rehearing Denied December 22, 1998.

Attorney(s) appearing for the Case

Greg A. Farrar, Farrar & Farrar, P.C., Tulsa, for Appellee Michael DeCorte.

K. Clark Phipps, Galen L. Brittingham, Nelson J. Christiansen, Atkinson, Haskins, Nellis, Boudreaux, Holeman, Phipps & Brittingham, Tulsa, for Appellee Gary Robinson.

Michael R. Vanderburg, City Of Broken Arrow, Broken Arrow, for Appellant City of Broken Arrow.

SUMMERS, V.C.J.:

¶ 1 The jury returned a verdict in favor of an injured plaintiff against the City of Broken Arrow for the misconduct of the city's off-duty police officer. The City appeals. We must determine (1) whether the verdict was irreconcilably inconsistent, (2) whether it was supported by competent evidence, and (3) whether the jury was properly instructed. Upon review...

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