# Bane v. Anderson, Bryant & Co.

> Supreme Court of Oklahoma · November 2, 1989 · 786 P.2d 1230

URL: https://www.frixlaw.com/law-library/cases/9885723

## Case

- **Full name:** Mary E. BANE, Appellee, v. ANDERSON, BRYANT & CO. and Gary E. Bryant, Appellants
- **Court:** Supreme Court of Oklahoma
- **Decided:** November 2, 1989
- **Citations:** 786 P.2d 1230; 1989 WL 125356
- **Precedential status:** Published
- **Opinion:** Dissent by Hodges
- **Judges:** Summers
- **Cited by:** 75 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9885723

## Opinion text

HODGES, Justice,
dissenting in part.
In my opinion the damages awarded by the jury were excessive in two respects:
(1) The court’s failure to comply with the rule that future damages should be reduced to their present value. Groendyke Transport, Inc. v. Merchant, 380 P.2d 682 (Okla.1963).
(2) The jury should have been instructed that plaintiff was required to mitigate her damages by reinvesting the balance of her IRA account, after payment of penalties and tax into a new IRA account. Smith-Horton Drilling Co. v. Brooks, 199 Okl. 63 , 182 P.2d 499 (1947).
The failure to apply the above principles of law resulted in a windfall to the plaintiff and the damage award should be reversed for a new trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9885723. Public record. Not legal advice.