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IGLEHART v. BOARD OF COUNTY COMMISSIONERS OF ROGERS COUNTY

No. 95,585.

60 P.3d 497 (2002)

2002 OK 76

Tom IGLEHART and Brenda Iglehart, husband and wife, Plaintiffs/Appellants, v. BOARD OF COUNTY COMMISSIONERS OF ROGERS COUNTY, Oklahoma, and Verdigris Valley Electric Cooperative, Defendants/Appellees, Ed Hutchinson and Shirley Hutchinson, husband and wife, Defendants.

Supreme Court of Oklahoma.

October 1, 2002.

Attorney(s) appearing for the Case

Larry L. Oliver, Larry L. Oliver & Associates, P.C., Tulsa, OK, for Appellant Brenda Iglehart.

Bill Shaw, Shaw, Crutchfield & Shaw, Claremore, OK, for Appellant Tom Iglehart.

Brian E. Dittrich, Karla M. Rogers, Whitten, Nelson, McGuire, Wood, Terry, Roselius & Dittrich, Tulsa, OK, for Appellee Verdigris Valley Electric Cooperative.1

OPALA, J.

¶ 1 The dispositive issue presented on certiorari is whether a utility company owes a duty of care to motorists on roadways adjacent to the utility company's power lines when it is foreseeable that negligently maintaining trees underneath its lines could pose a road hazard to traveling motorists. We answer the question in the affirmative and hold that the Court of Civil Appeals erred in affirming the trial court...

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