Plain v. Murphy Family Farms
Court of Appeals for the Tenth Circuit
1Opinion of the Court
BALDOCK, Circuit Judge.
Donald Jack Plain died after his truck slid into a hog waste pond owned and maintained by Defendant Murphy Family Farms. The decedent’s widow, Plaintiff Beulah Plain, as named personal representative of the estate, filed this diversity action, 28 U.S.C. § 1332, under Oklahoma law against Defendant for wrongful death. See 12 Okla. Stat. § 1053. A jury awarded Plaintiff $3.5 million in damages. The district court reduced the damage award to $1.9 million based on the jury’s finding of comparative negligence. The district court distributed the award as follows: (1) $50,000…
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