Bowers v. Wimberly

HARGRAVE, Justice.

On June 17, 1993, at approximately 4:00 a.m., a truck driven by defendant Wimberly and owned by defendant Werner Enterprises, Inc. crashed into a toll booth on the H.E. Bailey Turnpike, where plaintiff was working inside. When questioned by the Oklahoma Highway Patrol trooper at the scene of the accident, defendant Wimberly stated that he must have fallen asleep and the trooper duly recorded in his accident report: “Driver stated he was driving 55 mph and must have fallen asleep.” The trooper issued a citation to the defendant driver for “careless driving on turnpike.”

Plainti…