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RECENT CASE ON GOVERNMENTAL TORT CLAIM ACT EXCLUSIONS

JM
Jon Miller
Wed, Sep 11, 2024 2:31 PM

Counselors,

Attached is an unpublished case from the Oklahoma Court of Civil Appeals that discusses, in the context of a jury instruction, two exemptions from tort liability under the Governmental Tort Claim Act - snow or ice conditions or temporary  or natural conditions on any public way and natural conditions of property.  There is also some interesting discussion, although no resolution because of the procedural posture of the case, of the question of whether successive claims for damage to real property from sewer overflows should be subject to a single damage limit under the GTCA.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

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Counselors, Attached is an unpublished case from the Oklahoma Court of Civil Appeals that discusses, in the context of a jury instruction, two exemptions from tort liability under the Governmental Tort Claim Act - snow or ice conditions or temporary or natural conditions on any public way and natural conditions of property. There is also some interesting discussion, although no resolution because of the procedural posture of the case, of the question of whether successive claims for damage to real property from sewer overflows should be subject to a single damage limit under the GTCA. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.