Legal Opinion

Davis v. Pullium

Supreme Court of Oklahoma

Decided April 13, 1971No. 43008PublishedCited by 7 opinions

1Opinion of the Court

HODGES, Justice.

Is “civil death” a legal defense to a personal injury action?

Title 21 O.S., 1961, Section 66 provides:

“Civil death.
“A person sentenced to imprisonment in the state prison for life, is thereby deemed civilly dead.”

Plaintiff, a service station employee, alleges that while he was checking the oil in the power steering in the defendant’s automobile, the defendant carelessly and negligently started the engine of the car and plaintiff’s hand was sucked or pulled into the area between the fan belt and the pulley, resulting in serious injuries to his right hand.

Defendant denied…

2Cases cited5 opinions

  1. Missouri-Kansas-Texas Railroad Company v. JonesSupreme Court of Oklahoma · 1960
  2. Byers v. Sun Savings BankSupreme Court of Oklahoma · 1914
  3. Sanders v. C. P. Carter Const. Co.Supreme Court of Oklahoma · 1952
  4. Atchison, Topeka and Santa Fe Railway Co. v. CoulsonSupreme Court of Oklahoma · 1962
  5. White v. BurtonSupreme Court of Oklahoma · 1937

3Cited by7 opinions

  1. Mehdipour v. STATE EX REL. DEPT. OF CORRECTIONSSupreme Court of Oklahoma · 2004
  2. McCuiston v. WanickaDistrict Court of Appeal of Florida · 1986
  3. Mehdipour v. State Ex Rel. Department of CorrectionsSupreme Court of Oklahoma · 2004
  4. Mehdipour v. WiseSupreme Court of Oklahoma · 2003
  5. Dopp v. Oklahoma Local BankCourt of Civil Appeals of Oklahoma · 2002

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