Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Fritts v. McKinne

Court of Civil Appeals of Oklahoma
934 P.2d 371 (1996)



Fritts was seriously injured when a truck either he or a friend was driving struck a tree. Fritts and his friend had been drinking prior to the accident. Five days later Dr. McKinne (defendant) performed a tracheostomy during a surgery to repair Fritts’s extensive facial fractures. Fritts began bleeding and died three days later. Fritts’s estate (plaintiff) sued McKinne, claiming that he negligently failed to isolate the proper artery during surgery. McKinne argued comparative negligence, because Fritts’s initial injuries were caused by either driving drunk or riding while drunk with a drunk driver. McKinne argued that evidence of Fritts’s drug and alcohol use was also relevant to the issue of damages, because it diminished his life expectancy. The trial court denied the estate’s motion to exclude evidence of alcohol and drug use. The trial court instructed the jury on comparative negligence, including an instruction regarding a driver’s duty to use ordinary care to prevent injury to himself or others. The jury found for McKinne. Fritt’s estate appealed.

Rule of Law


Holding and Reasoning (Stubblefield, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial