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KARLSON v. CITY OF OKLAHOMA CITY

Nos. 63090, 63046.

711 P.2d 72 (1985)

Terry G. KARLSON, Appellant, v. The CITY OF OKLAHOMA CITY, a municipal corporation, and Alan Curtis Massey and Allstate Insurance Company, Appellees. Terry G. KARLSON, surviving father of Brian Karlson, Deceased, Appellant, v. The CITY OF OKLAHOMA CITY, a municipal corporation, and Allan Curtis Massey, and Allstate Insurance Company, Appellees. Jennifer CAKORA (Karlson), a minor of the age of 15 years, who sues By and Through her stepfather, Terry G. KARLSON, as next friend, and Terry G. Karlson, Individually, Appellant, v. The CITY OF OKLAHOMA CITY, a municipal corporation, and Allstate Insurance Company, Appellees. Dale KARLSON, a minor of the age of 5 who sues By and Through his father, Terry G. KARLSON, as next friend, and Terry G. Karlson, Individually, Appellant, v. The CITY OF OKLAHOMA CITY, a municipal corporation, and Alan Curtis Massey, and Allstate Insurance Company, Appellees. Terry G. KARLSON, as surviving husband of his wife, Dorothy Karlson, Deceased, Appellant, v. The CITY OF OKLAHOMA CITY, a municipal corporation, and Alan Curtis Massey, and Allstate Insurance Company, Appellees.

Supreme Court of Oklahoma.

May 28, 1985.

Attorney(s) appearing for the Case

Tom Sullivan, Sr., Miskovsky, Sullivan & Taylor, Oklahoma City, for appellant.

George D. Davis, McKinney, Stringer & Webster, Oklahoma City, for appellee, Allstate Ins. Co.

Diane Davis Huckins, Asst. Municipal Counselor, Oklahoma City, for appellee, City of Oklahoma City.

DOOLIN, Vice Chief Justice.

This matter turns on the issue of whether an injured party, as plaintiff, in a negligence action against a municipality, is "legally entitled to recover" damages in excess of the limits of liability imposed by the Political Subdivisions Tort Claims Act, as that phrase is used in the statutes governing underinsured motorist insurance coverage.

We hold the insured party is so entitled.

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