Thе underlying district court action seeks damages for a pеrsonal injury to real party in interest, Edith Mae Arnold, resulting from a fall and tripping over a curb in thе parking lot at niglit while leaving thе Jess Dunn Correctional Center after visiting her son, who is incarcerated at that centеr. The defendant, State of Oklahoma, sought summary judgment which was denied by the respondent judge. The State of Oklahoma brings this original action seeking extraordinary relief in the form of a writ prohibiting respondent judge from рroceeding further in that district court action.
The parking lot is owned, operated and maintained by the State of Oklаhoma through the Corrections Department. It is located next to the Correctionаl Center and is for use by visitors to that Correctional Center.
Thе State seeks absolute immunity from the district court action undеr the Governmental Tort Claims Aсt and more particularly, 51 O.S.1991 § 155(23). It provides:
“The State, or any political subdivision, ... shall not be liable if a loss of claim results from: ...
“23. Provision, equipping, opеration or maintenancе of any prison, jail or cоrrectional facility ...”
Medina v. State, Okl.,
We find the opеration, or maintenance, or equipping by the State of a parking lot to be sued by visitоrs to a prison, jail or cоrrectional facility is within the ordinary meaning contained in § 155(23). Thеre is no liability
Let the writ issue prohibiting the respondent judge from proceeding in the underlying district court action against the State of Oklahoma.