Opinion

Terry v. Edgin

  • 598 P.2d 228
  • 1979 OK 111
  • 1979 Okla. LEXIS 262
Court
Supreme Court of Oklahoma
Filed
Jul 24, 1979
Status
Published
Author
Opala
On the bench
Simms, Barnes, Doolin, Opala, Lavender, Irwin, Williams, Hargrave
Cited by
14 cases
Authority
More cited than 5.8%

The opinion

OPALA, Justice,

concurring specially:

The court is correct when it rejects today, on grounds of doubtful historicity, the widely assumed notion that the common-law rule of sovereign immunity from tort liability extends a shield of protection as to all county functions, governmental and proprietary. Even if I were not convinced that our result here rests on solid historical antecedents, I would nonetheless concur in the court’s opinion because, in my view, the common-law rule no longer merits our continued recognition in any form. Our commitment to that norm of judge-made law should be withdrawn prospectively for the reasons advanced in my concurring opinion in Walton v. Charles Pfizer & Co., Inc., Okl., 590 P.2d 1190, 1194-1195 [1979].

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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