Legal Opinion
Hammons v. Muskogee Medical Center Authority
Supreme Court of Oklahoma
Decided March 19, 1985No. 59794PublishedCited by 40 opinions
1Opinion of the Court
KAUGER, Justice.
The dispositive issue presented is whether a 1979 amendment of the Political Subdivision Tort Claims Act (Act) should be given retrospective effect thereby barring the claimant’s action for wrongful death. The trial court held that the amendment operated retroactively, that the notice of claim requirement and the time-bar limitation of 51 O.S.1981 § 156 were applicable, and entered summary judgment against the claimant. We find that because a substantive right was involved, the trial court erred in retroactive application of the statute.
On October 26, 1978, William Troy…
2Cases cited7 opinions
- Cowart v. Piper Aircraft Corp.Supreme Court of Oklahoma · 1983
- City of Shawnee v. RoushSupreme Court of Oklahoma · 1923
- Hiskett v. WellsSupreme Court of Oklahoma · 1959
- Hershel v. University Hospital FoundationSupreme Court of Oklahoma · 1980
- Mid-Continent Casualty Co. v. P & H SUPPLY, INC.Supreme Court of Oklahoma · 1971
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Kluver v. Weatherford Hospital AuthoritySupreme Court of Oklahoma · 1993
- Williams Companies v. DunkelgodSupreme Court of Oklahoma · 2012
- Forest Oil Corp. v. Corporation Com'n of OklahomaSupreme Court of Oklahoma · 1991
- Teel v. Public Service Co. of OklahomaSupreme Court of Oklahoma · 1987
- Seal v. Corporation CommissionSupreme Court of Oklahoma · 1986
35 more not listed; retrieve them via the Exa API.