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TAPP v. PERCIFUL

No. 99,779.

120 P.3d 480 (2005)

2005 OK 49

Mark TAPP and Karen Tapp, as individuals and as husband and wife, Plaintiffs/Appellees, v. Wayne PERCIFUL, an individual, and Auto Tech, a business located in Ponca City, Oklahoma, Defendants, and State Farm Mutual Automobile Insurance Company, Garnishee/Appellant.

Supreme Court of Oklahoma.

June 28, 2005.

Attorney(s) appearing for the Case

Thomas S. Evans, Douglas E. Evans, Evans Law Center, Ponca City, OK, for Plaintiffs/Appellees.

William J. Molinsky, Jr., Molinsky Law Firm, Oklahoma City, OK, for Garnishee/Appellant.

HARGRAVE, J.

¶ 1 There is no dispute about the basic facts. Tonya Harman, a State Farm insured, took her vehicle to Auto Tech in Ponca City for a tune-up, brake repair and valve job. Auto Tech is owned by Wayne Perciful. Two days later, Mr. Perciful was moving the vehicle while repairing it. The vehicle lurched forward and struck the plaintiff, Karen Tapp, who was standing nearby.1 The vehicle...

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