MARIANI v. STATE ex rel. OKLAHOMA STATE UNIVERSITY

COMBS, V.C.J.:

1 The question presented to this Court is whether certain provisions of The Governmental Tort Claims Act (GTCA), specifically 51 0.S.2011 §§ 158(E) & 162(D), permit the State of Oklahoma or a political subdivision to set off from liability amounts previously paid to a GTCA tort claimant from the claimant's own insurer, thereby abrogating the collateral source rule for claims arising under the GTCA with respect to these insurance benefits. We answer the question in the negative.

FACTS AND PROCEDURAL HISTORY

12 Plaintiff/Appellee Carolyn Mariani (Mariani) was injured in a motor…