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BURGIN v. LEACH

No. 111,705. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

320 P.3d 33 (2014)

2014 OK CIV APP 18

Dana BURGIN, Individually and as Surviving Spouse of Carlton L. Burgin, Deceased, and William L. Burgin, Plaintiffs/Appellants, v. Raymond L. LEACH, in his Individual and Official Capacities as Deputy of The Pawnee County Sheriff's Department; Mike Waters, in his Individual and Official Capacity; and The Pawnee County Sheriff's Department; and Pawnee County Board of County Commissioners, Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 3.

January 21, 2014.

Attorney(s) appearing for the Case

Donald E. Smolen , Laura Lauth , Smolen, Smolen & Roytman, P.L.L.C., Tulsa, Oklahoma, for Plaintiffs/Appellants.

Phillip W. Anderson , Collins, Zorn & Wagner, P.C., Oklahoma City, Oklahoma, for Defendants/Appellees.

BRIAN JACK GOREE, Judge.

¶ 1 This case arises from a motor vehicle collision that occurred while Deputy Sheriff Raymond Leach was responding to a call for assistance. The driver of the other vehicle was killed and his passengers were severely injured. Dana Burgin filed this action individually and as surviving spouse of Carlton Burgin. William Burgin, Carlton's father, joined as a plaintiff. Because Plaintiffs' claims...

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