Legal Opinion

Smith v. Broken Arrow Public Schools, Independent School District 3

Court of Civil Appeals of Oklahoma

Decided March 29, 1983No. 57683PublishedCited by 6 opinions

1Opinion of the Court

WILSON, Presiding Judge:

This appeal turns on the meaning of a specific statutory exemption from the limited liability imposed by the Political Subdivision Tort Claims Act, 51 O.S.1981 § 151 et seq. The exemption, found in § 155, provides:

A political subdivision or an employee acting within the scope of his employment shall not be liable if a loss results from: . ..

9. Entry upon any property where that entry is expressly or impliedly authorized by law; ...

The parties argue different meanings of this exemption. The appellee School District contends the words “enter upon” refer to a person who…

2Cases cited5 opinions

  1. Shaw v. GrumbineSupreme Court of Oklahoma · 1929
  2. Busching v. Superior CourtCalifornia Supreme Court · 1974
  3. In Re Certification of Question of State LawSupreme Court of Oklahoma · 1977
  4. Allgood v. AllgoodSupreme Court of Oklahoma · 1981
  5. Oldham v. Drummond Board of Education of Independent School District I-85Supreme Court of Oklahoma · 1985

3Cited by6 opinions

  1. Gilbert Central Corp. v. StateSupreme Court of Oklahoma · 1986
  2. Canady v. ReynoldsCourt of Criminal Appeals of Oklahoma · 1994
  3. I. T. K. v. MOUNDS PUBLIC SCHOOLSSupreme Court of Oklahoma · 2019
  4. Sherbert v. City of AdaSupreme Court of Oklahoma · 2015
  5. IN RE: DETACHMENT OF MUNICIPAL TERRITORY FROM THE CITY OF ADASupreme Court of Oklahoma · 2015

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