Kevin Hahn v. City of Norman

Oklahoma City, Oklahoma personal injury lawyers represented the Plaintiff who sued on a Governmental Tort Claims Actr Negligence theory.



Kevin Hahn claimed that he was injured and/or damaged in a car wreck that occurred on February 10, 2020 in Norman when Edward Nickerson negligently drove a Norman Police Department patrol vehicle and struck the vehicle operated by him.



The OGTCA was enacted to balance the need for public accountability with the doctrine of sovereign immunity, which traditionally protects government entities from being sued. The act allows individuals to seek compensation for damages caused by the negligent or wrongful acts of government employees while also setting specific limitations on liability and the claims process.

Key Provisions



Sovereign Immunity: The state and its political subdivisions are generally immune from tort liability unless explicitly waived by the OGTCA. This means that individuals cannot sue the government unless their claims fall within the parameters set by the act.



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Liability Limits: The OGTCA limits the total liability of the state to $1,000,000 for any number of claims arising from a single occurrence. Additionally, claims for other losses are capped at $125,000 per claimant for a single act or occurrence.

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Claims Process: To file a claim under the OGTCA, individuals must first submit a written notice of their claim to the appropriate government agency. The agency has 90 days to respond to the claim. If the claim is denied, the claimant has an additional 180 days to file a lawsuit.

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Scope of Employment: The act specifies that the state is liable for torts committed by its employees only when they are acting within the scope of their employment. If an employee acts outside this scope, the state is not liable for their actions.

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Exclusions: Certain claims are excluded from the OGTCA, including those related to punitive damages, and claims arising from specific governmental functions or actions.

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Historical Context

The OGTCA was originally established in 1978 and has undergone numerous amendments to refine its provisions and address the evolving needs of public accountability and legal recourse for citizens. The act reflects a compromise between the need for governmental immunity and the rights of individuals to seek redress for wrongful acts.

Oklahoma Bar Association

Conclusion

The Oklahoma Governmental Tort Claims Act provides a structured approach for individuals seeking compensation for torts committed by government entities. Understanding its provisions, limitations, and the claims process is essential for anyone considering legal action against the state or its subdivisions. For more detailed information, refer to the official documents or legal resources related to the OGTCA.

Settled for $100,000.00.