Essary v. Fitts

JACKSON, Justice.

Irvin R. Essary, plaintiff, was a guest-passenger in an automobile in Tulsa, Oklahoma, when the vehicle in which he was riding was struck from the rear by a vehicle driven by the defendant, Leon E. Fitts, Jr. After the evidence was presented the trial court instructed the jury to return a verdict for plaintiff for such damages “if any” that plaintiff may be entitled. Plaintiff had sued for $70,000 actual damages and for $25,000 punitive damages. The jury returned a verdict for plaintiff as directed by the court and found that plaintiff had sustained no damages. Plaintiff has…