Ross By and Through Ross v. City of Shawnee, No. 59365
| Court | Supreme Court of Oklahoma |
| Writing for the Court | Appeal from District Court of Pottawatomie County, Lloyd Henry; DOOLIN; BARNES; KAUGER |
| Citation | 1984 OK 43,683 P.2d 535 |
| Parties | Jimmie Don ROSS, a minor, By and Through his father and natural guardian, Donnal ROSS, and Donnal Ross, Appellants, v. The CITY OF SHAWNEE, a municipal corporation, Appellee. |
| Decision Date | 26 June 1984 |
| Docket Number | No. 59365 |
Page 535
natural guardian, Donnal ROSS, and Donnal Ross, Appellants,
v.
The CITY OF SHAWNEE, a municipal corporation, Appellee.
Appeal from District Court of Pottawatomie County, Lloyd Henry, Judge.
Plaintiff sued for injuries received in a diving accident at a municipal swimming pool. Defendant sought summary judgment on grounds it received no notice within 120 days as provided by Political Subdivision Tort Claims Act. District Court granted summary judgment and plaintiff appeals.
AFFIRMED.
Ed Able and Glen Mullins, Abel, Musser, Sokolosky & Clark, Oklahoma City, for appellants.
Paul McKinney, Shawnee, for appellee.
DOOLIN, Justice.
The questions presented for resolution involve interpretation of the Oklahoma "Political Subdivision Tort Claims Act." 51 O.S.1981, § 151 et seq. Specifically: (1) Does a city have "Notice" when two officials are informed of the "incident" but not the "claim"? (2) Must a minor comply with the 120-day notice provision? (3) Is the 120-day notice requirement constitutional as it relates to a minor?
Jimmie Ross was eight years old when he visited the Shawnee municipal swimming pool and fell from the high diving board to the concrete ledge on July 29, 1978. A formal notice of claim was filed with the Shawnee city clerk on July 25, 1980.
The Oklahoma Political Subdivision Tort Claims Act requires notice of a claim be filed with the clerk of the governing body of the political subdivision within 120 days after the loss occurs. 51 O.S.1981, § 156(B).
Jimmie Ross argues that notice requirement was met when private investigators discovered that the Shawnee City Manager learned of the diving accident on August 5, 1978, and Shawnee city attorney learned about the incident on August 17, 1978 when so informed by the investigators. This information is contained in the investigator's report to plaintiff's attorney which was filed in the case on November 5, 1982. As the trial court granted Defendant's motion for summary judgment on May 6, 1981, and Plaintiff's motion for new trial was filed May 15, 1981, the investigator's report presumably was filed in conjunction with the new trial petition which was denied November 5, 1982. Thus the investigator's report was not before the trial court when it ruled on the motion for summary judgment.
Defendant argues this Court should not consider the...
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...Bd. of Educ. , 656 P.2d 248 (Okla.1982), a minor was injured while on the school yard playing during recess. In Ross v. City of Shawnee , 683 P.2d 535 (Okla.1984), the minor received injuries at the municipal swimming pool. The minors were held to the same statute of limitations as adults u......
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