PAIN v. SIMS

No. 109440. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

283 P.3d 343 (2012)

2012 OK CIV APP 76

Bryan C. PAIN, Plaintiff/Appellee, v. Richard Clayton SIMS, Defendant/Appellant, and Snarky's Hideaway, Defendant.

Court of Civil Appeals of Oklahoma, Division No. 1.

July 9, 2012.


Attorney(s) appearing for the Case

Clifton D. Naifeh , Naifeh & Associates, Norman, Oklahoma, for Plaintiff/Appellee.

William J. Molinsky, Jr. , Naureen Hubbard , Molinsky Law Firm, P.C., Edmond, Oklahoma, for Defendant/Appellant.


KENNETH L. BUETTNER, Presiding Judge.

¶ 1 Defendant/Appellant Richard Clayton Sims appeals from judgment entered on a jury verdict for Plaintiff/Appellee Bryan C. Pain. Prior to trial, Pain settled with Defendant Snarky's Hideaway (Snarky's). Sims argues that according to 12 O.S.2011 § 832(H), the trial court erred by not offsetting the actual damages awarded by the jury with the settlement amount. We hold that § 832(H) does not apply, because evidence...

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