Legal Opinion · Dissent

Tice v. Pennington

Court of Civil Appeals of Oklahoma

Decided May 30, 2001No. 94,171Published

1DissentTaylor, J.

1 1 I respectfully dissent.

{2 The time to file a notice of claim against the state or its political subdivisions clearly runs from the "date the loss occurs." 51 0.8. Supp.1999 § 156(B). Here, the loss occurred in 1991, yet the notice of claim was not filed until 1998, obviously outside the time limit for filing a notice of claim.

T3 The Governmental Tort Claims Act (GTCA) "narrowly structures the method for bringing a tort claim against a political subdivision." Gurley v. Memorial Hosp. of Guymon, 1989 OK 34, ¶ 6, 770 P.2d 573, 576. The notice provisions of the GTCA "are a creation of…

2Cases cited5 opinions

  1. Reirdon v. Wilburton Board of EducationSupreme Court of Oklahoma · 1980
  2. Montgomery v. Polk CountySupreme Court of Iowa · 1979
  3. Gurley v. Memorial Hospital of GuymonSupreme Court of Oklahoma · 1989
  4. Lasiter v. City of MooreCourt of Civil Appeals of Oklahoma · 1990
  5. Leding v. Pittsburg County District CourtCourt of Civil Appeals of Oklahoma · 1996

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