Opinion

Bivins v. State Ex Rel. Oklahoma Memorial Hospital

  • 67 O.B.A.J. 206
  • 917 P.2d 456
  • 1996 OK 5
  • 1996 Okla. LEXIS 4
  • 1996 WL 14535
Court
Supreme Court of Oklahoma
Filed
Jan 16, 1996
Status
Published
Author
Watt
On the bench
Ala, Wilson, Kauger, Lavender, Summers, Simms, Hargrave, Hodges, Watt
Cited by
94 cases
Authority
More cited than 12.7%

stating that public interest in protecting state from unwarranted claims and timely settling those that are clearly meritorious convinced Court that post-notice requests should have "serious legal effect"

How later courts described this case

  • stating that public interest in protecting state from unwarranted claims and timely settling those that are clearly meritorious convinced Court that post-notice requests should have "serious legal effect"
  • holding a governmental entity's request for information after filing a GTCA notice extended the time for filing suit and noting that "[plublic policy would generally favor amendments"
  • "the effect [ascribed to an agency's post-notice request for more data is drawn from the government's perceived need for more time to evaluate the completed information about a claim"

Written by the judges who cited it.

Distinguished

  • Distinguished by Roller v. City of Harrah, 70 O.B.A.J. 3789 (1999)

    ¶ 6 Harrah argues Bivins is distinguishable on its facts and the parties entered no written agreement to modify the statutory deadlines.
    Court of Civil Appeals of OklahomaAug 27, 1999Read it

The opinion

WATT, Justice,

with whom HODGES, Justice, joins, dissenting.

I dissent to Part II of today’s opinion for the reasons set out in my dissent in Anderson v. Eichner, 890 P.2d 1329 (Okla. 1994).

I dissent to Part III of the opinion because it is contrary to extant GTCA jurisprudence, Trent v. Board of County Commissioners, 755 P.2d 615 (Okla.1988), and its progeny.

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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