Henderson v. Department of Transportation

Sears, Justice.

The appellant, Mae Ola Henderson, is the executrix of the estate of David Martin. On March 6, 1992, Martin was traveling on a road that is part of the state highway system when he was involved in a fatal accident. On March 4, 1994, Henderson, as executrix of Martin’s estate, filed a tort claim against the appellee, the Department of Transportation (“DOT”), and certain agents thereof. This appeal concerns whether the retroactive application of the notice and service provisions of the Tort Claims Act 1 to Henderson’s cause of action violates our state constitutional prohibition…