Wheeler v. Burlington Northern, Inc.

ORDER DENYING MOTION OF DEFENDANTS McAlester regional HOSPITAL, JUDY BREWER, WARREN BALLARD, DAVID MULLINS, DEANNA WILEY, D. RILEY, AND L. HODGES TO DISMISS

SEAY, Chief Judge.

In this case of first impression the question presented is whether noneompliance with the notice provisions of the Oklahoma Political Subdivision Tort Claims Act bars a claim for contribution in a third-party proceeding. The court holds that noncompliance with the statute is not a bar under the circumstances of this case.

The plaintiff brought action against defendant Burlington Northern, Inc., claiming jurisdiction by…