A. The state or a political subdivision shall be liable for loss resulting from its torts or the torts of its employees acting within the scope of their employment subject to the limitations and exceptions specified in The Governmental Tort Claims Act and only where the state or political subdivision, if a private person or entity, would be liable for money damages under the laws of this state. The state or a political subdivision shall not be liable under the provisions of The Governmental Tort Claims Act for any act or omission of an employee acting outside the scope of the employee's employment. B. The liability of the state or political subdivision under The Governmental Tort Claims Act shall be exclusive and shall
constitute the extent of tort liability of the state, a political subdivision or employee arising from common law, statute, the Oklahoma Constitution, or otherwise. If a court of competent jurisdiction finds tort liability on the part of the state or a political subdivision of the state based on a provision of the Oklahoma Constitution or state law other than The Governmental Tort Claims Act, the limits of liability provided for in The Governmental Tort Claims Act shall apply. C. If an action is commenced alleging tort liability on the part of the state or a political subdivision of the state or an employee of the state or of a political subdivision of the state based on a provision of the Oklahoma Constitution or state law other than The Governmental Tort Claims Act, the action shall name as defendant the state or political subdivision against which liability is sought to be established. In no instance in any such action shall an employee of the state or of a political subdivision of the state acting within the scope of employment be named as defendant; provided, however, such person may be named as defendant under alternative allegations that such person did not act within the scope of employment. Added by Laws 1978, c. 203, § 3, eff. July 1, 1978. Amended by Laws 1984, c. 226, § 4, eff. Oct. 1, 1985; Laws 2014, c. 77, § 2, emerg. eff. April 21, 2014; Laws 2015, c. 308, § 1, emerg. eff. May 12, 2015. NOTE: Laws 1984, c. 228, § 2 repealed by Laws 1985, c. 357, § 5, operative Oct. 1, 1985.
Notes of Decisions
Barrios v. Haskell Cnty. Pub. Facilities Auth., 432 P.3d 233 (Okla. 2018).
· cites it 3× “Our legislative body, the Oklahoma Legislature, has expressly stated in 51 O.S.Supp.2016 § 153(B) the extent of liability pursuant to the OGTCA shall be exclusive and is the extent of tort liability of the state arising from common law, statute, the Oklahoma Constitution, or…”
Price v. Philpot, 420 F.3d 1158 (10th Cir. 2005).
· cites it 2× “BACKGROUND Price’s complaint alleges that on June 14, 2000, several state and local law enforcement officers commenced an illegal search or “raid of violence” at his home.”
Sullins v. Am. Med. Response of Oklahoma, Inc., 2001 OK 20 (Okla. 2001).
· cites it 4× “[8] The terms of 51 O.S.1991 § 153 provide: "A. The state or a political subdivision shall be liable for loss resulting from its torts or the torts of its employees acting within the scope of their employment subject to the limitations and exceptions specified in this act and…”
Pellegrino v. State, Ex Rel. Cameron Univ., Ex Rel. Bd. of Regents, 2003 OK 2 (Okla. 2003).
· cites it 3× “” 51 O.S.2001 § 153(A). ' [7-9] ¶ 16 The GTCA defines a “tort” as those within an employee’s scope of employment: “Tort” means a legal wrong, independent of contract, involving violation of a duty imposed by general law or otherwise, resulting in a loss to any person,…”
Fuller v. Odom, 741 P.2d 449 (Okla. 1987).
· cites it 2× “Title 51 O.S.Supp.1984 § 153(A) provides: “Each political subdivision of this state shall be liable for loss resulting from its torts or the torts of its employees acting within the scope of their employment subject to the limitations and exceptions specified in this act and…”
Hughey v. Grand River Dam Auth., 897 P.2d 1138 (Okla. 1995).
· cites it 3× “” 51 O.S.1991 § 153. A private person’s liability (and immunity) is determined by application of the Recreational Use Act and thus, so too the liability of the GRDA is determined by application of that Act.”
Parker v. City of Midwest City, 850 P.2d 1065 (Okla. 1993).
· cites it 3× “51 O.S.1991 § 153. The statutory definition of “scope of employment” excludes those acts done in bad faith.”
Smith v. City of Stillwater, 2014 OK 42 (Okla. 2014).
“Eichner , 1994 OK 136, ¶9 . The County asserts that it retains its sovereign immunity and is shielded from suit pursuant to specific limitations and exceptions codified at 51 O.”
Nguyen v. State, 788 P.2d 962 (Okla. 1990).
· cites it 2× “The 1985 Oklahoma Tort Claims Act also repudiates the doctrine in 51 O.S.Supp. 1989, § 153. [14] 51 O.S.Supp.”
Cruse v. Bd. of Cnty. Commissioners, 910 P.2d 998 (Okla. 1995).
· cites it 2× “subject to the limitations and exceptions specified in this act and only where the state, ... if a private person or entity, would be liable for money damages under the laws of this state.”
Morales v. City of Okl. City Ex Rel. Okl. City Police Dept., 2010 OK 9 (Okla. 2010).
“See, the provisions of 51 O.S.2001 § 153 B., which state: "The liability of the state or political subdivision under this act shall be exclusive and in place of *878 all other liability of the slate, a political subdivision or employee at common law or otherwise.”
— Okla. Stat. tit. 51, § 153(A) — 26 cases
Sullins v. Am. Med. Response of Oklahoma, Inc., 2001 OK 20 (Okla. 2001).
“[8] The terms of 51 O.S.1991 § 153 provide: "A. The state or a political subdivision shall be liable for loss resulting from its torts or the torts of its employees acting within the scope of their employment subject to the limitations and exceptions specified in this act and…”
Cruse v. Bd. of Cnty. Commissioners, 910 P.2d 998 (Okla. 1995).
“subject to the limitations and exceptions specified in this act and only where the state, ... if a private person or entity, would be liable for money damages under the laws of this state.”
Pellegrino v. State, Ex Rel. Cameron Univ., Ex Rel. Bd. of Regents, 2003 OK 2 (Okla. 2003).
“” 51 O.S.2001 § 153(A). ' [7-9] ¶ 16 The GTCA defines a “tort” as those within an employee’s scope of employment: “Tort” means a legal wrong, independent of contract, involving violation of a duty imposed by general law or otherwise, resulting in a loss to any person,…”
— Okla. Stat. tit. 51, § 153(B) — 17 cases
Barrios v. Haskell Cnty. Pub. Facilities Auth., 432 P.3d 233 (Okla. 2018).
“Our legislative body, the Oklahoma Legislature, has expressly stated in 51 O.S.Supp.2016 § 153(B) the extent of liability pursuant to the OGTCA shall be exclusive and is the extent of tort liability of the state arising from common law, statute, the Oklahoma Constitution, or…”
Pellegrino v. State, Ex Rel. Cameron Univ., Ex Rel. Bd. of Regents, 2003 OK 2 (Okla. 2003).
“” 51 O.S.2001 § 153(A). ' [7-9] ¶ 16 The GTCA defines a “tort” as those within an employee’s scope of employment: “Tort” means a legal wrong, independent of contract, involving violation of a duty imposed by general law or otherwise, resulting in a loss to any person,…”
Fuller v. Odom, 741 P.2d 449 (Okla. 1987).
“Title 51 O.S.Supp.1984 § 153(A) provides: “Each political subdivision of this state shall be liable for loss resulting from its torts or the torts of its employees acting within the scope of their employment subject to the limitations and exceptions specified in this act and…”
— Okla. Stat. tit. 51, § 153(C) — 5 cases
Barrios v. Haskell Cnty. Pub. Facilities Auth., 432 P.3d 233 (Okla. 2018).
“Our legislative body, the Oklahoma Legislature, has expressly stated in 51 O.S.Supp.2016 § 153(B) the extent of liability pursuant to the OGTCA shall be exclusive and is the extent of tort liability of the state arising from common law, statute, the Oklahoma Constitution, or…”
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