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FLETCHER v. MONROE

No. 104,364.

208 P.3d 926 (2009)

2009 OK 10

Donna FLETCHER, Plaintiff/Appellant, v. Michael MONROE, Defendant/Appellee.

Supreme Court of Oklahoma.

Rehearing Denied May 11, 2009.

Attorney(s) appearing for the Case

Mark S. Stanley, Carpenter, Stanley & Myers, Tulsa, OK, for Plaintiff/Appellant.

David D. Wilson, Frances J. Armstrong, Wilson, Cain & Acquaviva, Tulsa, OK, for Defendant/Appellee.

WATT, J.

¶ 1 We granted certiorari to address a single issue:1 whether an instruction to the jury involving the possibility of a post-judgment attorney fees award in a personal injury case constituted fundamental error2 requiring a new trial. Although Fletcher did not seek the award of an attorney fee at trial and it is undisputed that the cause of action for personal injury would not support an award...

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