Anderson v. Northwestern Electric Cooperative

KAUGER, Justice.

On certiorari, the appellants, Terry and Marie Anderson, present two issues for determination by this Court: 1 (1) whether under the facts of this case, the grant of summary judgment constituted a violation of the Oklahoma Constitution, art. 23, § 6; 2 and (2) whether material issues of fact existed making the entry of summary judgment by the trial court inappropriate.

We find that: (1) contradictary facts existed on the issue of assumption of the risk, rendering the grant of summary judgment a violation of art. 23, § 6; and (2) disputed issues of fact were presented making the…