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HARKRIDER v. POSEY

No. 92,911.

24 P.3d 821 (2000)

2000 OK 94

Dustin HARKRIDER, Plaintiff-Garnishor-Appellee, v. Raymond POSEY, Defendant, v. Oklahoma Property and Casualty Insurance Company, Defendant-Garnishee-Appellant.

Supreme Court of Oklahoma.

Rehearing Denied May 29, 2001.

Attorney(s) appearing for the Case

Jon Ed Brown, LeForce & McCombs, P.C., Idabel, OK, for Appellee.

Micky Walsh and Tom M. Moore, Oklahoma City, OK, for Appellant.

Rex K. Travis, Oklahoma City, Oklahoma, for amicus curiae, Oklahoma Trial Lawyers Association.

OPALA, J.

¶ 1 The dispositive issue on certiorari is whether the trial court's summary judgment for plaintiff-garnishor is correct. We answer in the affirmative.

I

ANATOMY OF LITIGATION

¶ 2 On the night of 28 June 1996 Dustin Harkrider ("Harkrider") was crossing an intersection in his automobile when it was struck by a 1979 Ford pickup driven by Raymond Edward Posey ("Posey"). The pickup...

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