Gaither by & Through Chalfin v. City of Tulsa

HODGES, Justice.

The novel issue presented is whether the divorced mother of a deceased minor child may maintain a wrongful death action without joining the natural father or personal representative? Other errors urged on appeal are: the trial court’s instructions; admission of incompetent testimony relating to the mother’s emotional suffering; admission of “staged” photographs; and failure to reduce the verdict by 40% under Oklahoma’s comparative negligence rule.

A sudden rain storm created flooded streets and ditches in Tulsa on July 9,1977. Randall Don Gaither, a five year old boy, was…