Oklahoma Governmental Tort Claims Act: Negligence and Notice

CZW successfully defended the Board of County Commissioners of Osage County in Rush v. Board of County Commissioners of Osage County. In Rush, an avid cyclist brought a negligence suit pursuant to the Oklahoma Governmental Tort Claims Act, claiming that the Board of County Commissioners failed to maintain a rural county road after the cyclist hit a two to three inch deep pothole while traveling approximately twenty miles per hour down a hill. He alleged his bicycle was irreparable as result of the incident, and that he sustained physical injuries. The District Court of Osage County granted summary judgment in favor of the Board of County Commissioners, holding that the Board did not have actual or constructive notice of the pothole and that the pothole was not a dangerous condition as a matter of law.