Date: 11-10-2012

Case Style: Debbie Wheat v. State of Oklahoma, ex rel. Tulsa County District Attorney

Case Number: CJ-2004-5211

Judge: Daman CAntrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: N. Kay Bridger-Riley

Defendant's Attorney: William Kirk Turner and Lindy Collins

Description: Debbie Wheat sued the State of Oklahoma, ex rel. Tulsa County District Attorney on a discrimination theory.

Plaintiff grounds one of her Burk tort claims on TCDA’s alleged age discrimination in violation of public policy expressed in the Oklahoma Anti-Discrimination Act. Since there is no dispute TCDA is a State agency subject to the OTCA, Plaintiff also has alleged that she “has fully complied with the [OTCAI” in order to have standing to pursue a tort recovery from the State. Am. Pet. ¶ 5. Section 154(A)(2) of the GTCA provides a limited waiver of the State’s sovereign immunity from liability by allowing a tort victim to recover no more than $175,000.

Nevertheless, Plaintiff’s counsel has repeatedly insisted that the limitation of liability imposed by the GTCA does not apply to her Burk tort age discrimination claim. She contends Plaintiff may recover the same unlimited Burk tort remedies from the State that may be recovered from non-governmental tortfeasors who are not subject to the OTCA. Consequently, Plaintiffs counsel has advised TCDA of Plaintiff’s intent to pursue damages far in excess of the GICA’s $175,000 cap, including attorney fees and costs. There is, however, no legal authority for Plaintiffs position. In fact, existing case law affirms the GTCA’s limitation of liability applies to Bz,rk tort discrimination claims like Plaintiffs. To be sure, TCDA denies any liability to Plaintiff. However, the Court’s construction of the applicability of the GTCA’s limitation of liability cap to Plaintiffs Burk tort discrimination claim and the Court’s declaration that the GTCA limits TCDA’s total liability, if any, to $175,000 will assist in resolving this litigation.

Outcome: This matter comes on for consideration before me, the undersigned District Judge in and for Tulsa County, State of Oklahoma, for approval of a settlement and compromise of a claim to the extent required by the Oklahoma Governmental Tort Claims Act, OKLA. STAT. tit. 51, § 151, et seq. The subject settlement was reached by and between the Oklahoma Governmental Tort Claims Act Claimant, Debbie Wheat (“Wheat”), Claim Number D0040234, and the State of Oklahoma. Wheat appears through her attorney, N. Kay Bridger-Riley, of Bridger-Riley and Associates, and the State of Oklahoma, appears through its attorney, W. Kirk Turner of Newton, O’Connor, Turner & Ketchum, P.C. The Court, having reviewed the applicable law, the proposed settlement agreement, and being fully advised in the premises, finds: 1. Wheat timely and duly filed a Notice of Claim with the Risk Management Department, Division of Capital Assets Management, Office of Management and Enterprise Services,’ demanding compensation from the State of Oklahoma for personal injury damages arising from her claim of wrongful termination under the provisions of the Oklahoma Governmental Tort Claims Act, OkIa. Stat. tit. 51, § 151, et seq.

2. An agreement to settle and compromise the claim, the pending lawsuit and all other claims, known or unknown, in the amount of One Hundred Seventy-Five Thousand Dollars ($175,000) has been reached between Wheat and the State of Oklahoma.

3. Pursuant to the terms of the Settlement Agreement and Release of All Claims, the State of Oklahoma shall make payment to Wheat and Bridger-Riley and Associates, Such payment shall be inclusive of any and all claims made in the Wheat’s Governmental Tort Claim, including any claims for under the Burk tort and damages both past and future, physical and mental pain and suffering, medical and health care liens, loss of services, attorneys’ fees and costs, and any other recoverable sums whatsoever.

4. Wheat had a right to a jury trial, and by entering into this settlement agreement has affirmatively agreed to waive this right against the State of Oklahoma.

5. The compromise of this suit is in no way to be construed as an admission of liability by the State of Oklahoma or any or all of its agencies, divisions, or employees.

6. This settlement and compromise is in complete satisfaction of all demands by Wheat, without any admission of liability, and is in the best interests of Wheat and the State of Oklahoma, and therefore, should be approved by this Court.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the settlement and compromise of the Governmental Tort Claim filed by Debbie Wheat against the State of Oklahoma, pursuant to the terms of the Settlement Agreement and Release of All Claims entered into by and between the Parties, shall be and is hereby approved and is hereby reduced to judgment.

Plaintiff's Experts:

Defendant's Experts:

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