CRUSE v. ATOKA COUNTY BD. OF COM'RS

No. 81733.

910 P.2d 998 (1995)

Harry CRUSE and Maude Cruse, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF ATOKA COUNTY, Oklahoma, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied January 18, 1996.


Attorney(s) appearing for the Case

Joey Chiaf, Chiaf & Chief, Oklahoma City, Oklahoma, Neil Whittington, Atoka, Oklahoma, for appellants.

Theresa McGehee, District Attorney, Jeff Mixon, Assistant District Attorney, Durant, Oklahoma, for appellee.


ALMA WILSON, Chief Justice:

The issue presented is whether a timely filed governmental tort claims action may be refiled pursuant to 12 O.S. 1991, § 100. We hold that 12 O.S. 1991, § 100 operates to allow the refiling of a timely-filed governmental tort claims action within one year from the date the governmental tort claims action failed other than on its merits. We further find that this case must be remanded...

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