Justice v. Harrison

LAVENDER, Vice Chief Justice:

Jewell Y. Justice, appellant and wife of Earl Justice (Justice), brought an action for wrongful death against Glen H. Harrison (Harrison), appellee. At trial, a jury verdict was rendered for defendant Harrison. Court of Appeals reversed and remanded for a new trial. That opinion found reversible error, for (1) insufficient evidence to sustain the giving of an instruction as to an emergency, and (2) introduction of prejudicial evidence as to deceased Justice’s inebriated condition.

Justice was driving his vehicle on Highway 33 near Inola. It was a two lane road. He…