section 155 liability (Oklahoma) · Go Syfert
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section 155 liability in Oklahoma

10 Oklahoma opinions name it 3 courts 1990–2024 2 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Robinson v. City of Bartlesville Board of Educationgreen
okla · 1985 · cited in 1 Oklahoma opinions naming this issue, 2014–2014
2 sentences

2014See Robinson, 700 P.2d at 1017 (once an entity exercises its discretion to perform an act, it is liable for harm caused by negligence committed by it in the performance of the act). ¶15 A decision by a board of county commissioners to contract with a municipality, a charitable corporation, or a fire protection district to provide fire protection services in a portion of an unincorporated area of the county not currently receiving fire protection services in lieu of the county directly providing fire protection services, is likewise immune from financial liability pursuant to Section 155(5).

2014See Robinson, 700 P.2d at 1017 (once an entity exercises its discretion to perform an act, it is liable for harm caused by negligence committed by it in the performance of the act). ¶15 A decision by a board of county commissioners to contract with a municipality, a charitable corporation, or a fire protection district to provide fire protection services in a portion of an unincorporated area of the county not currently receiving fire protection services in lieu of the county directly providing fire protection services, is likewise immune from financial liability pursuant to Section 155(5).

11
Gunn v. Consolidated Rural Water & Sewer District No. 1green
okla · 1992 · cited in 1 Oklahoma opinions naming this issue, 2000–2000
1 sentence

2000The Court determined the district was not immune from liability under Section 155(14), finding that the retaliatory discharge claim was a statutory tort, not a part of "any workers' compensation." Gunn, 839 P.2d at 1349.

11
Neal v. Donahuegreen
okla · 1980 · cited in 1 Oklahoma opinions naming this issue, 1990–1990
2 sentences

1990We held in Neal v. Donahue, 611 P.2d 1125, 1128 (Okl.1980) “[protection of the public from the harmful tendency of those incarcerated in state institutions is, we hold, a governmental function. 13 As we earlier noted there are thirty carefully enumerated exemptions from liability in § 155 of the Act.

1990We held in Neal v. Donahue, 611 P.2d 1125, 1128 (Okl. 1980) "[p]rotection of the public from the harmful tendency of those incarcerated in state institutions is, we hold, a governmental function... ." [13] As we earlier noted there are thirty carefully enumerated exemptions from liability in § 155 of the Act.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Randell v. Tulsa Independent School District No. 1 green
oklacivapp · 1994
2 sentences

2024No. 1 , 1994 OK CIV APP 156 889 P.2d 1264 ¶40 The School District's third and final requested jury instruction dealt with the § 155(29) exemption from liability resulting from "any claim based upon an act or omission of an employee in the placement of children." 51 O.S. § 155 3.

2024No. 1 , 1994 OK CIV APP 156 889 P.2d 1264 ¶40 The School District's third and final requested jury instruction dealt with the § 155(29) exemption from liability resulting from "any claim based upon an act or omission of an employee in the placement of children." 51 O.S. § 155 3.

12024–2024
Nguyen v. State green
okla · 1990
2 sentences

2024No. 10 of Dewey Cnty ., 2021 OK CIV APP 34 500 P.3d 649 ¶39 The School District's second requested jury instruction dealt with the § 155(5) exemption from liability resulting from the "[p]erformance of or the failure to exercise or perform any act or service which is in the discretion of the state or political subdivision or its employees." 51 O.S. § 155 Nguyen v. Stat e, 1990 OK 21 788 P.2d 962 State ex rel.

2024No. 10 of Dewey Cnty ., 2021 OK CIV APP 34 500 P.3d 649 ¶39 The School District's second requested jury instruction dealt with the § 155(5) exemption from liability resulting from the "[p]erformance of or the failure to exercise or perform any act or service which is in the discretion of the state or political subdivision or its employees." 51 O.S. § 155 Nguyen v. Stat e, 1990 OK 21 788 P.2d 962 State ex rel.

12024–2024
Nail Ex Rel. Nail v. Oklahoma Children's Memorial Hospital green
okla · 1985
2 sentences

2024Children's Mem'l Hosp ., 1985 OK 101 710 P.2d 755 ABC Coating Co., Inc. v. J.

2024Children's Mem'l Hosp ., 1985 OK 101 710 P.2d 755 ABC Coating Co., Inc. v. J.

12024–2024
J.W. v. INDEPENDENT SCHOOL DISTRICT NO. 10 of DEWEY COUNTY neutral
oklacivapp · 2021
1 sentence

2024No. 10 of Dewey Cnty ., 2021 OK CIV APP 34 500 P.3d 649 ¶39 The School District's second requested jury instruction dealt with the § 155(5) exemption from liability resulting from the "[p]erformance of or the failure to exercise or perform any act or service which is in the discretion of the state or political subdivision or its employees." 51 O.S. § 155 Nguyen v. Stat e, 1990 OK 21 788 P.2d 962 State ex rel.

12024–2024
Moran v. City of Del City green
okla · 2003
2 sentences

2022This matter is also not as in Moran wherein we noted that the defendant could be held responsible for an injury that occurred for not acquiring knowledge of the condition of its uncovered sewer manhole; the headstone at issue did not belong to Town. 2003 OK 57 McCathern and Moran , the record before us fails to establish that any defect in the headstone was known by Town or would have been discovered by Town upon inspection. ¶20 Whether Town was exempt from liability under § 155(13) of the GTCA is not determinative of whether Town had a duty to inspect the headstone.

2022This matter is also not as in Moran wherein we noted that the defendant could be held responsible for an injury that occurred for not acquiring knowledge of the condition of its uncovered sewer manhole; the headstone at issue did not belong to Town. 2003 OK 57 McCathern and Moran , the record before us fails to establish that any defect in the headstone was known by Town or would have been discovered by Town upon inspection. ¶20 Whether Town was exempt from liability under § 155(13) of the GTCA is not determinative of whether Town had a duty to inspect the headstone.

12022–2022
Walker v. City of Moore green
okla · 1992
2 sentences

2013Also, the initial decision to install a traffic light at the intersection was a discretionary decision exempt from liability pursuant to § 155(5). 3 See also Walker v. City of Moore, 1992 OK 73 , 837 P.2d 876 (concluding the initial decision as to the layout of traffic markings at an intersection are discretionary acts exempt pursuant to § 155(5)).

2013Also, the initial decision to install a traffic light at the intersection was a discretionary decision exempt from liability pursuant to § 155(5). 3 See also Walker v. City of Moore, 1992 OK 73 , 837 P.2d 876 (concluding the initial decision as to the layout of traffic markings at an intersection are discretionary acts exempt pursuant to § 155(5)).

12013–2013
Teeter v. City of Edmond green
okla · 2004
1 sentence

2013Id. at 128, 85 P.3d at 824 .

12013–2013
Evans Ex Rel. Evans v. Oaks Mission Public School neutral
okla · 1997
2 sentences

2001Evans, 1997 OK 97, ¶ 10 , 945 P.2d at 494 .

2001Evans, 1997 OK 97, ¶ 10 , 945 P.2d at 494 .

12001–2001
Schmidt v. Grady County, Okl. green
okla · 1997
2 sentences

1999The City moved for summary judgment, arguing that the Governmental Tort Claims Act (the Act), 51 O.S.1991 § 155(6) exempted it from liability. 2 The trial court entered summary judgment for the City and against Prichard, finding that the City was exempt from liability pursuant to § 155(6). 3 ¶ 8 Prichard appealed, and the Court of Civil Appeals affirmed, relying on Schmidt v. Grady County, Oklahoma, 1997 OK 92 , 943 P.2d 595 . 4 We granted certiorari on November 30th, 1998. *916 ¶ 9 THE CITY MAY NOT BE IMMUNE FROM LIABILITY. ¶ 10 Prichard asserts that: 1) municipalities, through their police o

1999The City moved for summary judgment, arguing that the Governmental Tort Claims Act (the Act), 51 O.S.1991 § 155(6) exempted it from liability. 2 The trial court entered summary judgment for the City and against Prichard, finding that the City was exempt from liability pursuant to § 155(6). 3 ¶ 8 Prichard appealed, and the Court of Civil Appeals affirmed, relying on Schmidt v. Grady County, Oklahoma, 1997 OK 92 , 943 P.2d 595 . 4 We granted certiorari on November 30th, 1998. *916 ¶ 9 THE CITY MAY NOT BE IMMUNE FROM LIABILITY. ¶ 10 Prichard asserts that: 1) municipalities, through their police o

11999–1999
Anderson v. Eichner green
okla · 1994
1 sentence

1997Section 152’s final provision is intended as a descriptive statement.” Id. at ¶ 11, 890 P.2d at 1338 .

11997–1997
State ex rel. Oklahoma Department of Corrections v. Burris neutral
okla · 1995
2 sentences

1996Purvey is the latest in a line of recent opinions in which we have held that the State is immune from tort liability to inmates under § 155 subd. 24 for the infinite numbers of activities that are involved in prison operations: Medina v. State, 871 P.2d 1379 (Okla. 1993); Redding v. State, 882 P.2d 61 (Okla.1994); State ex rel., Oklahoma Department of Corrections v. Burris, 894 P.2d 1122 (Okla. 1995).

1996Purvey is the latest in a line of recent opinions in which we have held that the State is immune from tort liability to inmates under § 155 subd. 24 for the infinite numbers of activities that are involved in prison operations: Medina v. State, 871 P.2d 1379 (Okla. 1993); Redding v. State, 882 P.2d 61 (Okla. 1994); State ex rel., Oklahoma Department of Corrections v. Burris, 894 P.2d 1122 (OHa. 1995).

11996–1996
Redding v. State green
okla · 1994
2 sentences

1996Purvey is the latest in a line of recent opinions in which we have held that the State is immune from tort liability to inmates under § 155 subd. 24 for the infinite numbers of activities that are involved in prison operations: Medina v. State, 871 P.2d 1379 (Okla. 1993); Redding v. State, 882 P.2d 61 (Okla.1994); State ex rel., Oklahoma Department of Corrections v. Burris, 894 P.2d 1122 (Okla. 1995).

1996Purvey is the latest in a line of recent opinions in which we have held that the State is immune from tort liability to inmates under § 155 subd. 24 for the infinite numbers of activities that are involved in prison operations: Medina v. State, 871 P.2d 1379 (Okla. 1993); Redding v. State, 882 P.2d 61 (Okla. 1994); State ex rel., Oklahoma Department of Corrections v. Burris, 894 P.2d 1122 (OHa. 1995).

11996–1996
Medina v. State green
okla · 1993
2 sentences

1996Purvey is the latest in a line of recent opinions in which we have held that the State is immune from tort liability to inmates under § 155 subd. 24 for the infinite numbers of activities that are involved in prison operations: Medina v. State, 871 P.2d 1379 (Okla. 1993); Redding v. State, 882 P.2d 61 (Okla.1994); State ex rel., Oklahoma Department of Corrections v. Burris, 894 P.2d 1122 (Okla. 1995).

1996Purvey is the latest in a line of recent opinions in which we have held that the State is immune from tort liability to inmates under § 155 subd. 24 for the infinite numbers of activities that are involved in prison operations: Medina v. State, 871 P.2d 1379 (Okla. 1993); Redding v. State, 882 P.2d 61 (Okla. 1994); State ex rel., Oklahoma Department of Corrections v. Burris, 894 P.2d 1122 (OHa. 1995).

11996–1996

Statutes the citing opinions construe

OK § Okla. Stat. tit. 51, § 152.1 (4) OK § Okla. Stat. tit. 51, § 155 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OK 10 (1990–2024) IL 5 (2023–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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