Cook v. Downing
Oklahoma Court of Appeals
891 P.2d 611 (1994)
Bryan Downing (defendant) was a dentist who spent a small fraction of his time at work fitting and making dentures for patients. One of these patients, Iris Cook (plaintiff), brought suit against Downing in small-claims court, alleging that she suffered from a painful condition because Downing had incorrectly fit her dentures. Downing argued that Cook’s symptoms were not of a kind that would be caused by the dentures. Evidence presented at trial failed to conclusively establish the reason for Cook’s pain, but did consistently exclude the fit of the dentures as the source of the pain. Nevertheless, the trial court found in favor of Cook and awarded her damages pursuant to sections 2-104, 2-105, and 2-351 of Article 2 of the Oklahoma Uniform Commercial Code (UCC). Downing appealed.
Rule of Law
Holding and Reasoning (Hunter, J.)
Dissent (Jones, J.)
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