Fox v. National Carrier

SUMMERS, J.,

concurs specially; I concur in that part of the opinion dealing with tolling of the statute of limitations and 85 O.S. 1981, § 8 by reason of stare decisis only. In other respects I concur with the majority opinion.

SIMMS, C.J., and LAVENDER, OPALA and HARGRAVE, JJ., concur in part, dissent in part. OPALA, Justice, with whom SIMMS, C.J., and LAVENDER and HARGRAVE, JJ., join, concurring in part and dissenting in part.

The issue dispositive of this appeal is whether the choking-induced harm, suffered by an on-the-road truck driver while eating breakfast, may be regarded — on the…