HAMMONS v. MUSKOGEE MEDICAL CENTER AUTHORITY

No. 59794.

697 P.2d 539 (1985)

Gracie I. HAMMONS, Administratrix of the Estate of William Troy Hammons, Deceased, Appellant, v. MUSKOGEE MEDICAL CENTER AUTHORITY d/b/a Muskogee General Hospital, a Public Trust, Appellee.

Supreme Court of Oklahoma.

March 19, 1985.


Attorney(s) appearing for the Case

Kennedy, Kennedy, Wright & Stout by Weldon Stout, Muskogee, for appellant.

Studney & Barkley by Mike Barkley, and Dan W. Ernst, Tulsa, for appellee.


KAUGER, Justice.

The dispositive issue presented is whether a 1979 amendment of the Political Subdivision Tort Claims Act (Act) should be given retrospective effect thereby barring the claimant's action for wrongful death. The trial court held that the amendment operated retroactively, that the notice of claim requirement and the time-bar limitation of 51 O.S. 1981 § 156 were applicable, and entered summary judgment...

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