CZW successfully defended the Pottawatomie County Board of County Commissioners in Irick v. Pottawatomie County Board of County Commissioners. In Irick, a teenager brought suit in negligence, claiming that the County should be liable for his injuries in a car accident because a “dead end” sign was down, even where the teenager’s car was speeding. The District Court of Pottawatomie County granted summary judgment, finding that the County had no actual or constructive notice of the downed sign. The Court of Civil Appeals of Oklahoma upheld the District Court’s granting of summary judgment, holding that the County did not have “actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact,” and thus had neither actual nor constructive notice of the downed sign.
Oklahoma Governmental Tort Claims Act: Negligence and Notice
By admin|2017-08-02T14:36:12+00:00January 16th, 2017|Appeals, Government, Negligence, Notice, Oklahoma Governmental Tort Claims Act, Tort|2 Comments