Legal Opinion
Markwell v. Whinery's Real Estate, Inc.
Supreme Court of Oklahoma
Decided February 22, 1994No. 79840PublishedCited by 50 opinions
1Opinion of the Court
KAUGER, Justice.
Two issues are presented: 1) whether, under the facts presented, the allegations in the petition in error were sufficient to preserve the personal injury issue; and 2) whether the entry of summary judgment was improper. We find that: 1) The petition in error was sufficient to preserve the allegations of error; and 2) Pursuant to 13 O.S.1991 § 32, 1 carriers for hire are required to exercise the utmost care for the safety of their passengers. The determination of what constitutes “utmost care” within the meaning of § 32 is a question to be resolved by the trier of fact. The…
2Cases cited26 opinions
- Timmons v. Royal Globe Insurance Co.Supreme Court of Oklahoma · 1982
- Buckner v. General Motors Corp.Supreme Court of Oklahoma · 1988
- Hough v. LeonardSupreme Court of Oklahoma · 1993
- Frazier v. Bryan Memorial Hospital AuthoritySupreme Court of Oklahoma · 1989
- Ross Ex Rel. Ross v. City of ShawneeSupreme Court of Oklahoma · 1984
21 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Myers v. Missouri Pacific RailroadSupreme Court of Oklahoma · 2002
- Jackson v. Oklahoma Memorial HospitalSupreme Court of Oklahoma · 1995
- Evers v. FSF Overlake AssociatesSupreme Court of Oklahoma · 2003
- Gray v. HolmanSupreme Court of Oklahoma · 1995
- Whitehorse v. JohnsonSupreme Court of Oklahoma · 2007
45 more not listed; retrieve them via the Exa API.