Oklahoma Governmental Tort Claims Act Notice
Question: Does OGTCA notice “within one year” mean notice must be received by the agency within one year, or can it be mailed within one year? What is the proper agency to notice for Norman Regional Hospital?
Answer: I don’t know of or find a case on the mailed v. received issue. However, the statute says it must be “presented.” That seems to me to say they have to get it.
You need to serve the clerks of the governmental entity. It appears to me NRH claims to be a public trust so you should serve the clerk of the board of that entity. At one time, I served notice on the Norman City Clerk for NRH. I thought at that time the Norman City Clerk served as the clerk of the hospital trust.
In addition, I once successfully argued that NRH was estopped to claim to be a governmental entity. I have a brief asserting that. However, I sure wouldn’t want to proceed on the assumption you will get a similar ruling. I’d have a notice hand-delivered to the appropriate clerk to cover all the bases if I were you.
Posted on Thu, March 9, 2017
by Michal Lusk filed under