Legal Opinion

Kimberly v. DeWitt

Court of Civil Appeals of Oklahoma

Decided February 14, 1980No. 52531PublishedCited by 15 opinions

1Opinion of the Court

BOX, Judge:

An appeal by Yvonne Kimberly, adminis-tratrix of the estate of Steven C. Kimberly, from the order of the trial court dismissing her case.

The plaintiff’s petition alleges that on December 19, 1975, Steven Kimberly was violently beaten by the defendants Cran-ston, DeWitt, Pollard, and David and Joe Maggard. The beating allegedly took place at Freddie’s Steak House in Drumright, Oklahoma, which the petition alleges is owned by the defendant Freddie’s No. 2, Inc. The defendant Paul Saliba is alleged to be an employee of Freddie’s No. 2, as we read the petition. Kimberly died of…

2Cases cited29 opinions

  1. Loyal Order of Moose, Lodge 1785 v. CavanessSupreme Court of Oklahoma · 1977
  2. St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
  3. Hill v. GrahamSupreme Court of Oklahoma · 1967
  4. Haws v. LuethjeSupreme Court of Oklahoma · 1972
  5. Smith v. Chicago, R. I. & P. Ry. Co.Supreme Court of Oklahoma · 1914

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3Cited by15 opinions

  1. Kenneth Ray Meade v. Grubbs, Badge No. 128, Individually and as a Deputy Sheriff of the County of OklahomaCourt of Appeals for the Tenth Circuit · 1988
  2. Berry v. City of MuskogeeCourt of Appeals for the Tenth Circuit · 1990
  3. Russell v. Ingersoll-Rand Co.Texas Supreme Court · 1992
  4. Redwine v. Baptist Medical Center of Oklahoma, Inc.Supreme Court of Oklahoma · 1983
  5. Berry v. City Of MuskogeeCourt of Appeals for the Tenth Circuit · 1990

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