Legal Opinion

Southerland v. Wal-Mart Stores, Inc.

Court of Civil Appeals of Oklahoma

Decided February 2, 1993No. 78385PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

JONES, Judge:

In this trip and fall negligence action, Appellant, Susan Southerland, requests this Court reverse a summary judgment granted by the trial court at the request of Defendant-Appellee, Wal-Mart Stores. There are two central propositions which will resolve the errors raised by Appellant: (1) did the trial court err in determining the object over which Appellant tripped was open and obvious; and, (2) does the comparative negligence statute of this State abrogate the open and obvious rule of premises liability? Both questions we answer in the negative:

Susan…

2Cases cited8 opinions

  1. Flanders v. Crane Co.Supreme Court of Oklahoma · 1984
  2. Stuckey v. Young Exploration Co.Supreme Court of Oklahoma · 1978
  3. Nicholson v. TackerSupreme Court of Oklahoma · 1973
  4. Rose v. Sapulpa Rural Water Co.Supreme Court of Oklahoma · 1981
  5. Sutherland v. Saint Francis Hospital, Inc.Supreme Court of Oklahoma · 1979

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Scott v. Archon Group, L.P.Supreme Court of Oklahoma · 2008
  2. LEWIS v. DUST BOWL TULSA, LLCCourt of Civil Appeals of Oklahoma · 2016
  3. Marita Davis v. Wal-Mart Stores, Inc.Court of Appeals for the Tenth Circuit · 1995
  4. Anders v. Petco Animal Supplies Stores IncDistrict Court, W.D. Oklahoma · 2024
  5. Calloway v. Kirklands Stores IncDistrict Court, W.D. Oklahoma · 2021

11 more not listed; retrieve them via the Exa API.

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