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MEDLIN v. PILOT TRAVEL CENTERS, L.L.C.

No. 109986, Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

292 P.3d 69 (2012)

2012 OK CIV APP 111

Karon K. MEDLIN, Plaintiff/Appellant, v. PILOT TRAVEL CENTERS, L.L.C., Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 4.

November 20, 2012.

Attorney(s) appearing for the Case

Joseph S. Carson , Homsey Cooper Hill & Carson, Oklahoma City, Oklahoma, for Plaintiff/Appellant.

Brandon S. Nichols , Brandon S. Nichols, P.C., Oklahoma City, Oklahoma, for Defendant/Appellee.

JERRY L. GOODMAN, Presiding Judge.

¶ 1 Karen K. Medlin (Customer) appeals from the trial court's September 16, 2011, Journal Entry of Judgment which memorialized an April 6, 2011, jury verdict rendered in favor of Pilot Travel Centers, L.L.C. (Pilot). We hold reversible error occurred when the trial court instructed the jury on the defense of assumption of the risk. We reverse and remand for a new trial.

BACKGROUND

¶ 2 This is the second...

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