Sellars v. McCullough

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 apparent on the face of the challenged instructions? After answering both questions in the negative, we affirm the trial court’s judgment.

FACTS

This action arose from an automobile accident in which Sellars’…