SELLARS v. McCULLOUGH

No. 68259.

784 P.2d 1060 (1989)

Roxana K. SELLARS, Plaintiff-Appellant, v. Bruce McCULLOUGH, Defendant-Appellee.

Supreme Court of Oklahoma.

Rehearing Denied January 9, 1990.


Attorney(s) appearing for the Case

David P. Reid, Ash, Crews & Reid, Jack D. Crews, Tulsa, for plaintiff-appellant.

Steven E. Holden, M. Cristina Romero, Emily J. Crawford, Wilburn, Masterson & Holden, P.C., Tulsa, for defendant-appellee.


OPALA, Vice Chief Justice.

The dispositive issue on certiorari is whether the trial court was correct in instructing the jury on plaintiff's [Sellars] contributory negligence. Two subsidiary questions are implicated and must be resolved: 1) Was error in the challenged instructions preserved for review by an exception required by 12 O.S. 1981 § 578 [§ 578]?1 (2) Is fundamental error...

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