Downum v. Muskogee Stockyards & Livestock Auction, Inc.

DOOLIN, Justice.

This was a suit for injuries sustained by plaintiff when he fell on the business premises of defendant. The case was tried to a jury under the comparative negligence statute, 23 O.S.1975 Supp. §§ 11, 12. The jury returned a verdict in the following form:

“We, the jury in the above action duly impaneled and sworn, upon our oaths, find:

1. Plaintiff’s fault (0% to 100%) 45%

2. Defendant’s fault (0% to 100%): 55%

Total: 100%

(If the percentage of plaintiff’s fault is less than that of defendant’s, answer finding ¶ 3).

3. We find plaintiff received injury and suffered damages as a…