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Morris v. Sorrells9/15/1992
Neely v. Morris, 333 P.2d 301 (Okla. 1958); Fletcher v. Meadow Gold Company, 472 P.2d 885, 888 (Okla. 1970). To grant a new trial under such circumstances violated Article 23, ยง 6 Okla. Const.:
The defense of contributory negligence . . . shall, in all cases whatsoever, be a question of fact, and shall, at all times, be left to the jury.
Here, the trial court's duty to evaluate the evidence of Benji Morris's comparative negligence ended when it properly held that there was evidence in the record upon which the jury could base a finding that Benji Morris had been contributorily negligent.
II.
The Court of Appeals majority relied on Vaughn v. Baxter, 488 P.2d 1234 (Okla. 1971), in support of the proposition that contributory negligence is unavailable as a defense to a defendant whose conduct was willful and wanton. Vaughn, however, is inapplicable to the facts of this case. In Vaughn, defendant, Baxter, was chasing the car in which plaintiff, Vaughn, was a passenger. Baxter admitted that he intended to inflict bodily harm on Vaughn and his driver if he caught them. The facts here are far different. Pat Sorrells was doing what he thought his friends wanted him to do; he expected his friends to tell him when to slow down. Oklahoma law, defines wanton and willful negligence as "an entire absence of care for the life, person or property of others which exhibits indifference to consequences." See Barall Food Stores v. Bennett, 194 Okla. 508, 153 P.2d 106, 110 (1944). The trial court and the Court of Appeals majority erred in holding as a matter of law that Pat Sorrells was wantonly and willfully negligent, and, therefore, not entitled to a comparative negligence instruction.
We VACATE the opinion of the Court of Appeals, REVERSE the order of the trial court granting plaintiffs a new trial, and REMAND with INSTRUCTIONS to the trial court to reinstate the judgment for defendant Pat Sorrells on the jury verdict.
All Justices concur.
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