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Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com. Date: 08-27-1999 Case Style: Johnny Knokler v. Mark and Judy Schoggins d/b/a McAlester Auto Auction Case Number: CJ-98-984 Judge: Steven W. Taylor Court: District Court, Pittsburg County, Oklahoma Plaintiff's Attorney: Todd Konsure, McAlester, Oklahoma Defendant's Attorney: Warren Gotcher, McAlester, Oklahoma Description: Bailment - Plaintiff took his truck to defendant's auto auction for sale but it did not sell. Defendants called plaintiff and told him to come pick up his vehicle but he did not do so promptly and it was stolen, stripped and burned. Plaintiff's claimed that defendants did not exercise due care in protecting his property while it was in their possession and sought damages. Defendants denied any fault on their part. Outcome: Defendants' verdict. Plaintiff's Experts: Unknown Defendant's Experts: Unknown Comments: Under Oklahoma law a bailee for hire must use at least ordinary care to preserve the thing bailed. "Ordinary Care" is the care which a reasonably careful person would use undere the same or similar circumstance. See: 15 O.S. sec. 466. |
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