PLAIN v. MURPHY FAMILY FARMS

No. 01-6257.

296 F.3d 975 (2002)

Beulah PLAIN, an individual, as personal representative of the estate of Donald Jack Plain, deceased, Plaintiff-Appellee, v. MURPHY FAMILY FARMS, a North Carolina corporation, Defendant-Appellee. A.R. Plain; Donna Kenneth; Glenna White, Appellants.

United States Court of Appeals, Tenth Circuit.

July 16, 2002.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Shannon F. Davies, Andrew W. Lester, and R. Scott Thompson of Lester, Loving & Davies, P.C., Edmond, OK, for Plaintiff-Appellee.

E.W. Keller of Keller, Keller & Dalton, Oklahoma City, OK, for Appellants.

Before SEYMOUR, PORFILIO, and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

Donald Jack Plain died after his truck slid into a hog waste pond owned and maintained by Defendant Murphy Family Farms. The decedent's widow, Plaintiff Beulah Plain, as named personal representative of the estate, filed this diversity action, 28 U.S.C. § 1332, under Oklahoma law against Defendant for wrongful death. See 12 Okla. Stat. § 1053. A jury awarded Plaintiff $3.5 million in damages. The district court reduced the...

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