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AYALA v. KEOTA MILL & ELEVATOR CO.

No. 86664.

952 P.2d 984 (1998)

1998 OK 4

Teddy AYALA, Appellant, v. KEOTA MILL & ELEVATOR COMPANY, a corporation, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied March 11, 1998.

Attorney(s) appearing for the Case

Harry Scoufos and Thomas W. Condit, Sallisaw, for Appellant.

D. Lynn Babb and Kathleen J. Adler, Pierce, Couch, Hendrickson, Baysinger & Green, Oklahoma City, for Appellee.

WATT, Justice:

FACTS AND PROCEDURAL BACKGROUND

¶ 1 In October 1991 plaintiff, Ayala, was a farmhand in the employ of the Gamble farm, owned by Ortho Gamble, Sr. Gamble Farm had bought fertilizer for its spinach crop from defendant, Keota Mill in Poteau, LeFlore County, Oklahoma. Keota Mill had agreed to load the fertilizer in two of its own bulk fertilizer trucks and lend the trucks to Gamble Farm so that Gamble Farm could apply the fertilizer to his...

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