Anthony v. Covington

In Anthony v. Covington, 1940 OK 59, 187 Okla. 27, 100 P.2d 461, the Court explained: If an accident occurs in which the driver is not negligent, there is no causal connection between the owner's precedent negligence and the injury itself. . . . It is the combined negligence of the owner and operator which fastens liability upon the owner. Otherwise, the plaintiff's recovery would rest on no stronger basis than the "but for" doctrine. Strictly speaking, the liability is not derivative, - it is dependent. (Anthony, 1940 OK 59 at PP7-8, 100 P.2d at 463.) The effect of the Court's holding in Anthony is to require an affirmative finding of the driver's negligence because "dependent liability of the owner cannot be imposed in the face of exoneration of the defendant whose negligent acts are claimed to have been the immediate cause of plaintiff's injury." Id.