Cruse v. Board of County Commissioners

OP ALA Justice,

with whom SIMMS, Justice, joins, dissenting.

Today’s opinion holds that the provisions of 12 O.S.1991 § 100,1 the so-called “saving statute”, will protect from destruction by lapse of time claims under the Government Tort Claims Act [GTCA].2 Because I view § 157(B)3 not as a true statute of limitations *1006but rather as a condition upon the exercise of a newly-created right — the common law’s ius maius 4 — I cannot accede to today’s pronouncement.

The court’s analysis is likely to affect adversely the symmetry and stability of our public tort system by bringing about at least two…