1. From statehood until 1973 the Doctrine of Contributory Negligence controlled in Oklahoma. That doctrine provided that any negligence on the part of the plaintiff which contributed to his injuries operated as a complete bar to his recovery from any other negligent parties.

2. The Oklahoma legislature replaced the contributory negligence doctrine in 1973 by adoption of a new comparative negligence statute.¹ Under the comparative negligence statute a plaintiff was no longer completely barred from recovery if his negligence was found to be less than fifty percent of the negligence causing his injuries.²

3. In Laubach v. Morgan, 588 P.2d 1071, 1074 (Okla. 1978), the Oklahoma Supreme Court abolished the joint and several liability rule in multiple tortfeasor situations and adopted in its stead a rule of several liability only. Under Laubach, each defendant's liability to the plaintiff is limited to that amount which his proportionate percentage of negligence bears to the plaintiff's total damages.

4. The Oklahoma legislature enacted in 1978 a statute providing for contribution among joint tortfeasors.³ Prior to this legislation, Oklahoma did not afford to any joint tortfeasor the right of recovery against another joint tortfeasor when the first joint tortfeasor was required to pay more than his pro rata share of plaintiff's damages.

5. Boyles v. Oklahoma Natural Gas. Co., 619 P.2d 613 (Okla. 1980) was a negligence action brought against multiple defendants, but not involving an allegation of contributory negligence on the part of the plaintiff. On appeal it was urged that the trial court erred in refusing to instruct the jury to apportion the several defendants' liability under the rule of Laubach. The Oklahoma Supreme Court responded to that contention by stating:

There is absolutely nothing in Laubach to negate the continued force of the common law rule of joint and several liability in those negligent torts which fall completely outside the purview of our comparative negligence legislation.