Lemons v. Shipman

I concur with that part of the opinion partially reversing the lower court judgment, but dissent as to that part affirming; In my opinion the language of 47 O.S.1971 § 158.1 is broad enough to cover counties. It authorizes “all . . . state departments and agencies not otherwise specifically authorized by law ... to carry insurance on vehicles, motorized machinery, or equipment owned and operated [by them] . . . .” The statute then provides, “An action for damages may be brought against such department or state agency . . . [and] the governmental immunity [defense] . . . shall be waived only…