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TUCKER v. ADG, INC.

No. 98,895.

102 P.3d 660 (2004)

2004 OK 71

R. Keith TUCKER and Pam Tucker, Individually and as husband and wife, Plaintiffs/Appellants, v. ADG, INC., a/k/a Architectural Design Group, Inc., Defendant, OKC Athletic Club, Limited Partnership otherwise known as Oklahoma City Athletic Club a/k/a or d/b/a Oklahoma Redhawks, T.S.M.G. a/k/a The Sports Management Group, Defendants/Appellees.

Supreme Court of Oklahoma.

Rehearing Denied December 14, 2004.

Attorney(s) appearing for the Case

Rex K. Travis of Oklahoma City, OK, for Plaintiffs/Appellants.

Robert D. Looney, Jr. of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, OK, for Defendant/Appellee OKC Athletic Club, Limited Partnership, otherwise known as Oklahoma City Athletic Club a/k/a or d/b/a Oklahoma Redhawks. T.S.M.G. a/k/a The Sports Management Group.

Natalie K. Ramsey and Bradley K. Donnell of McAfee & Taft, P.C., Oklahoma City, OK, for Defendant/Appellee.

LAVENDER, J.

¶ 1 The issue in the present cause is whether the trial court erred in entering judgment as a matter of law in favor of Defendants/Appellees in accordance with Hull v. Oklahoma City Baseball Co., 1945 OK 194, 163 P.2d 982, which held a spectator seated in an unscreened portion of a grandstand at a baseball game assumes all normal or ordinary risks attendant upon the use of the premises. Plaintiffs...

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