Wheeler v. Koch Gathering Systems, Inc.

BRORBY, Circuit Judge.

The central issue in this negligence diversity action is whether the doctrine of res ipsa loquitur under Oklahoma law applies. Koch Gathering Systems, Inc. (“Koch”), the defendant-appellant, appeals -from an adverse jury verdict and judgment denying Koch’s Motion for Judgment as a Matter of Law and Motion for a New Trial. Koch’s principal contention is the district court erred as a matter of law by submitting the case to the jury with a res ipsa loquitur instruction. This court exercises jurisdiction pursuant to 28 U.S.C. § 1291. We reverse.

BACKGROUND

On the afternoon of…