Summary
The Oklahoma Supreme Court reviewed a summary judgment in a negligence action arising from a multivehicle motorcycle collision. The court held that disputed facts and competing inferences regarding the defendant's due care and proximate causation required resolution by a jury, making summary judgment improper. The court vacated the Court of Civil Appeals' opinion, reversed the district court's judgment, and remanded for further proceedings.
Holdings
- Summary judgment is inappropriate where material facts are disputed or reasonable persons could draw different conclusions from the evidence. The evidence concerning Kuehn's conduct, the surrounding traffic conditions, and causation required resolution by a jury.
- Whether Kuehn's conduct was a proximate cause of the collision, or merely a condition, was a question for the jury rather than a question of law.
Questions Presented
- Whether disputed facts and conflicting inferences concerning Kuehn's operation of her vehicle precluded summary judgment on primary negligence.
- Whether Kuehn's conduct could be treated as merely a condition rather than a proximate cause of the collision as a matter of law.
- Whether the evidence permitted a jury to determine whether Kuehn's conduct proximately caused plaintiffs' injuries.
Disposition
reversed_and_remanded
Cases Cited (25)
- In re Macfarline, 2000 OK 87, 14 P.3d 551(followed)
- Prudential Insurance Co. of America v. Glass, 1998 OK 52, 959 P.2d 586(followed)
- Jackson v. Jones, 1995 OK 131, 907 P.2d 1067(followed)
- Union Transportation Co. v. Lamb, 1942 OK 13, 123 P.2d 660(followed)
- Seitsinger v. Dockum Pontiac, Inc., 1995 OK 29, 894 P.2d 1077(followed)
- Green v. Sellers, 1966 OK 65, 413 P.2d 522(followed)
- Breno v. Weaver, 1952 OK 407, 252 P.2d 487(followed)
- Dirickson v. Mings, 1996 OK 2, 910 P.2d 1015(followed)
- Thompson v. Walton, 1956 OK 173, 297 P.2d 1084(followed)
- Thompson v. Presbyterian Hospital, Inc., 1982 OK 87, 652 P.2d 260(followed)
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Cited In (0)
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Court Document
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