Horton v. State

SUMMERS, Justice,

dissenting, with whom WILSON, C.J., and KAUGER, V.C.J., and LAVENDER, J., join.

The trial court granted the State’s motion for summary judgment, finding immunity under 51 O.S.1991 § 155(6) — method of providing fire protection. Plaintiff appealed and the State in its brief urged the correctness of the trial court’s application of § 155(6)— method of providing fire protection. The Court of Appeals affirmed, relying on § 155(6) — it was the State’s method of providing fire protection. Plaintiff sought cer-tiorari and the State responded, arguing the State was doing nothing but…