Athey v. Bingham

823 P.2d 347 (1991)

Sharon Gayle ATHEY, Appellant,

v.

Charles BINGHAM, Appellee.

No. 69722.

Supreme Court of Oklahoma.

July 30, 1991.

Rehearing Denied January 15, 1992.

Jack Marwood Short, Tulsa, for appellant.

Brian M. Dell Speck & Dell, Oklahoma City, for appellee.

SUMMERS, Justice.

This case affords an opportunity to examine the propriety of a jury instruction on "unavoidable accident." Under the factual circumstances we find no error in the giving of the instruction.

The plaintiff, Sharon Athey, was driving her vehicle at a rate of speed similar to the surrounding traffic on Interstate-40 in the…