328 P.3d 687
Okla. Civ. App.2013Background
- Griffy was injured in a June 17, 2010 collision with a KATS bus.
- Griffy’s counsel sent a June 29, 2010 notice letter with police report but no address/phone in the letter itself.
- KATS’ insurer called July 2, 2010, and assigned a claim number to Griffy’s case.
- Almost a year later, June 8, 2011 Griffy’s counsel sent a second letter titled ‘notice of claim.’
- Griffy filed suit on October 20, 2011; KATS moved to dismiss or for summary judgment in November 2011.
- District court granted summary judgment to KATS; Griffey’s GTCA claim was deemed untimely under § 157.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the June 29, 2010 letter satisfied § 156(E) notice | Griffy argues the letter lacked required details | KATS contends the letter constituted notice under § 156(E) | Yes; letter satisfied minimal § 156(E) details |
| Whether the 90-day approval period was triggered by the June 29 letter | Notice did not trigger approval period due to insufficient notice | Letter triggered GTCA notice and denial timeline | Triggered 90-day period; constructively denied around Oct 1, 2010 |
| Whether tolling or requests for information extended the 90-day period | Tolling could occur if further information was requested | No tolling occurred since no request for more information was made | No tolling; 90-day period ended Oct 2010 |
| Whether Griffy’s 2011 notice restarted or tolled the filing window | June 8, 2011 notice tolled or restarted GTCA time | Insurer actions after 2011 notice do not resurrect time past denial | No restarting; timing remained controlled by initial denial |
| Whether the 180-day filing window is jurisdictional or a statute of limitations | 180 days resembles a statute of limitations | 180 days is a jurisdictional prerequisite | 180 days is jurisdictional; failure bars relief |
Key Cases Cited
- Jackson v. Jackson, 45 P.3d 418 (2002 OK 25) (jurisdictional review; de novo when power invoked)
- Bivins v. State ex rel. Okla. Mem. Hosp., 917 P.2d 456 (1996 OK 5) (tolling when information requested to evaluate claim)
- Shanbour v. Hollingsworth, 918 P.2d 73 (1996 OK 67) (compliance prerequisites to waive sovereign immunity)