Juvenal Ex Rel. Juvenal v. Okeene Public Schools

In a trial where the injured plaintiff will win or lose depending on whether the jury finds her injuries were due to the alleged negligence of the defendant, the trial court must give the jury some basic instructions on the law of negligence. Because no such instructions were given here I would reverse the judgment for the Okeene Public Schools and Okeene Public Works Authority, and remand for a new trial.

The instructions not given to the jury appear in the Oklahoma Uniform Jury Instructions booklet as numbers 9.1 and 9.2, and are as follows:

*1034NEGLIGENCE — ELEMENTS OF LIABILITY

A party claiming…