Booker v. Sears Roebuck & Co.

OPALA, Vice Chief Justice,

with whom LAVENDER, Justice, joins, dissenting from part III of the court’s opinion.

Three products liability defendants— Kerr-McGee Refining Corporation [Manufacturer], J.D. Fite, d/b/a Clayton Propane, Inc. [Wholesaler], and Kiamichi Valley LP Gas Co. [Retailer] — came to be exonerated by verdict in a wrongful death action. The latter two [claimants] appeal from an adverse postjudgment disposition of their ancillary claim against Manufacturer for counsel fees and other litigation expenses incurred when defending the lawsuit.1

I

TODAY’S HOLDING BY THE COURT

The court…