Bode v. Clark Equipment Co.

FEDERAL CERTIFIED QUESTION

KAUGER, Justice.

The United States District Court for the Western District of the State of Oklahoma has certified the following question:

Whether a party plaintiff-tortfeasor who has been found to be nine percent (9%) negligent may recover against a party defendant found to have been one percent (1%) negligent.

The Supreme Court has answered the question as follows:

The negligence of the employer must be considered in determining comparative fault even if the employer is immune from common law tort liability because of the exclusive remedy provided by the Oklahoma…