Public Service Co. v. Black & Veatch, Consulting Engineers

ORDER

DAUGHERTY, District Judge.

The Defendant, the prevailing party in this case by the verdict of the jury and the judgment entered thereon, has applied for attorney fees pursuant to 12 Okl.St.Ann. § 936.1

This case is a products liability case tried on negligent design and breach of implied warranty of fitness.

It is not believed that this action is one of those enumerated in the above mentioned statute. The claim of negligent design is tort. An implied warranty of fitness is imposed by operation of law. In Oral Roberts University v. Automatic Switch Company, 310 F.Supp. 381 (N.D.Okl.1970),…