ESTATE OF JOHNSON v. CHILDREN'S MEMORIAL HOSPITAL

No. 72249.

833 P.2d 1232 (1992)

The ESTATE OF Vanessa JOHNSON, By and Through its Personal Representative, Betty JOHNSON, Appellant, v. OKLAHOMA CHILDREN'S MEMORIAL HOSPITAL, a/k/a State of Oklahoma Teaching Hospital, an instrumentality of the State of Oklahoma; Department of Human Services; and State of Oklahoma, Appellees.

Supreme Court of Oklahoma.

June 23, 1992.


Attorney(s) appearing for the Case

Merritt, Rooney, Collier & Rooney, Inc. by Ronald V. Collier, Merritt & Rooney, Inc. by Michael M. Blue, and John M. Merritt, Oklahoma City, for appellant.

Charles L. Waters, Gen. Counsel, Richard W. Freeman, Jr. and Roger Stuart, Asst. Gen. Counsel, Dept. of Human Services, Oklahoma City, for appellees Oklahoma Children's Memorial Hosp. and Department of Human Services.


HODGES, Vice Chief Justice.

As agreed by the parties, the single issue in this case of first impression is: Was the operation of Oklahoma Children's Memorial Hospital (OCMH) by the Department of Human Services on September 6, 1985, a governmental function so that the doctrine of governmental immunity was invoked? The trial court rendered summary judgment in favor of the defendants, OCMH, the Department of Human Services...

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