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NEWPORT v. USAA

No. 89,791.

11 P.3d 190 (2000)

2000 OK 59

Sammie Lou NEWPORT, individually and as personal representative of the Estate of Bobby D. Newport, deceased, Appellee, v. USAA, an unincorporated reciprocal insurance association, Appellant, v. Donavan Terry, Third-Party Defendant.

Supreme Court of Oklahoma.

As Corrected August 1, 2000.

Attorney(s) appearing for the Case

D. Lynn Babb, Haven Tobias, Pierce, Couch, Hendrickson, Baysinger & Green, L.L.P., Oklahoma City, Oklahoma, for Appellant.

Linda G. Alexander, Harris A. Phillips, Niemeyer, Alexander, Austin & Phillips, P.C., Oklahoma City, Oklahoma, for Appellant.

Michael G. Smith, D. Craig Shew, Laura J. Corbin, Smith, Shew, Scrivner & Corbin, P.C., Ada, Oklahoma, for Appellee.

Clyde A. Muchmore, Kevin D. Gordon, Crowe & Dunlevy, Oklahoma City, Oklahoma, for Amicus Curiae, State Farm Mutual Automobile Insurance Company.

Rex K. Travis, Oklahoma City, Oklahoma, for Amicus Curiae, Oklahoma Trial Lawyers Association.

HODGES, J.

¶ 1 This litigation arose from an automobile collision on icy roads between an insured of United Services Automobile Association (USAA) and an uninsured motorist. On Thanksgiving Day, November 23, 1993, Bob Newport was driving home in a sleet storm. The roads in Pontotoc County were visibly icy and slick. Donovan Terry, age 16, was traveling on an intersecting road. When Terry was unable to stop his car at...

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