realty - Exceptions - Personal injury to minor arising from medical malpractice. If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, be, at the time the cause of action accrued, under any legal disability, every such person shall be entitled to bring such action within one (1) year after such disability shall be removed, except that, after the effective date of this section, an action for personal injury to a minor under the age of twelve (12) arising from medical malpractice must be brought by the minor's parent or guardian within seven (7) years of infliction of the injury, provided a minor twelve (12) years of age and older must bring such action within one (1) year after attaining majority, but in no event less than two (2) years from the date of infliction of the injury, and an action for personal injury arising from medical malpractice to a person
adjudged incompetent must be brought by the incompetent person's guardian within seven (7) years of infliction of the injury, provided an incompetent who has been adjudged competent must bring such action within one (1) year after the adjudication of such competency, but in no event less than two (2) years from the date of infliction of the injury. R.L. 1910, § 4658. Amended by Laws 1987, c. 78, § 1, eff. Nov. 1, 1987.
Notes of Decisions
Crawford v. Osu Med. Trust, 2022 OK 25 (Okla. 2022).
· cites it 78× “2012 § 156 12 O.S.2011 § 96 CERTIORARI PREVIOUSLY GRANTED; ORDER OF DISTRICT COURT IS AFFIRMED; REMANDED FOR FURTHER PROCEEDINGS.”
United States Ex Rel. Farmers Home Admin. v. Reed, 921 P.2d 338 (Okla. 1996).
· cites it 2× “It does not apply to subsection (4), relating to a cause of action for adverse possession within fifteen years or to subsection (5), relating to an action for forcible entry and detention or forcible detention of real property.”
Lovelace v. Keohane, 831 P.2d 624 (Okla. 1992).
· cites it 2× “In its written order, the district court first opined that Lovelace did not suffer from a "legal disability" within the meaning of the tolling provisions of 12 O.S. § 96 (1981). This statute provides in pertinent part: If a person entitled to bring an action other than for the…”
Johns Ex Rel. Johns v. Wynnewood Sch. Bd. of Educ., 656 P.2d 248 (Okla. 1982).
· cites it 2× “Plaintiffs argue that as a minor, plaintiff is under a legal disability to institute an action in her own behalf, and thus she may do so at any time within one year after she attains majority, in accord with 12 O.S.1981 § 96. Prior to certification of this question to this…”
Cruse v. Bd. of Cnty. Commissioners, 910 P.2d 998 (Okla. 1995).
“Relying upon the language in § 156 that a claim shall be forever barred unless notice thereof is presented within one hundred and twenty days after the loss occurs and the language excluding a period of ninety days during which the party is incapacitated as a result of the…”
Capuccio v. Capuccio (In re Capuccio), 558 B.R. 930 (Bankr. W.D. Okla. 2016).
· cites it 2× “Defendant points to the three year applicable statute of limitations to actions upon a contract express or implied not in writing pursuant to 12 O.”
Wright v. Keiser, 568 P.2d 1262 (Okla. 1977).
“1971, § 98, added by amendment in 1970, is unconstitutional and the trial court’s judgment in that regard is affirmed. The trial court included within his ruling the minor plaintiffs’ action.”
Miskovsky v. Gray, 109 F. App'x 245 (10th Cir. 2004).
· cites it 3× “In an attempt to avoid the bar of the two-year limitations period, plaintiff claims that, under Okla. Stat. tit. 12, § 96 , the limitations period is tolled during the term of his confinement in prison.”
Nunley v. Pioneer Pleasant Vale Sch. Dist. 56, 190 F. Supp. 2d 1263 (W.D. Okla. 2002).
· cites it 2× ““[a]n action for injuries to the rights of *1265 another, not arising on contract,” is applicable to Plaintiffs Title IX and § 1983 claims, not Oklahoma’s two-year statute of limitations for “[a]n action based on intentional conduct brought by any person for recovery of damages…”
Brown v. Jimerson, 862 P.2d 91 (Okla. Civ. App. 1993).
“Jimerson filed a motion for summary judgment, claiming both Christine’s action and her father’s actions were barred by the statutes of limitations of 12 O.S.1991 § 96, and 76 O.S.1991 § 18. The trial court agreed and sustained Jimerson’s motion.”
Stevenson v. Grace, 356 F. App'x 97 (10th Cir. 2009).
“See Okla. Stat. tit. 12, § 96 . Tolling is also appropriate when the “defendants engage in false, fraudulent or misleading conduct calculated to lull plaintiffs into sitting on their rights,” or when there are “exceptional circumstances [that] justify tolling a statute of…”
— Okla. Stat. tit. 12, § 96(6) — 1 case
United States Ex Rel. Farmers Home Admin. v. Reed, 921 P.2d 338 (Okla. 1996).
“It does not apply to subsection (4), relating to a cause of action for adverse possession within fifteen years or to subsection (5), relating to an action for forcible entry and detention or forcible detention of real property.”
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