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MORALES v. CITY OF OKL. CITY EX REL. OKL. CITY POLICE DEPT.

No. 105,552.

230 P.3d 869 (2010)

2010 OK 9

Cruz MORALES, as Mother and Next Friend of Alma Morales, a Minor, Plaintiff/Appellant, v. The CITY OF OKLAHOMA CITY, a Political Subdivision of the State of Oklahoma, ex rel. the OKLAHOMA CITY POLICE DEPARTMENT, a Department of the City of Oklahoma City, Defendant/Appellee.

Supreme Court of Oklahoma.

February 9, 2010.

Attorney(s) appearing for the Case

Travis W. Watkins, Mulinix Ogden Hall Andrews & Ludlam, PLLC, Oklahoma City, OK, for Plaintiff/Appellant.

Kenneth Jordan, Municipal Counselor, Richard C. Smith, Litigation Division Head, and Paula A. Kelly, Assistant Municipal Counselor, Oklahoma City, OK, Attorneys for Defendant/Appellee.2

OPALA, J.

¶ 1 The dispositive issue tendered on appeal is whether the trial court erred in giving summary judgment to City. We answer in the affirmative.

I

THE ANATOMY OF LITIGATION

¶ 2 On 21 September 2005, Oklahoma City police officer Mitchell McCoy was on duty at Roosevelt Middle School when a fight broke out in the school's cafeteria between twelve-year-old Alma Morales ("Alma") and...

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