The Oklahoma Bar Journal September 2022

compliance,” which require “substantial compliance” and which may be set aside in favor of a more “practical approach.” To avoid protracted litigation over compliance with the notice requirements, attorneys repre senting claimants would be well served by choosing to strictly comply with all the requirements.

ENDNOTES

20. Id. at ¶14 (explaining that, “ I.T.K. recognized the statute does not express a particular manner of submitting notice to the clerk of the school. Based on [the insurance representative]’s actions in this case, submission of the claim to [the insurance representative] may be treated as written notice to School.”). 21. Id. (making note of the fact that the school instructed the claimant to take their claim to the insurance agent). 22. See Osterhout v. Bd. of Cty. Comm’rs , 10 F.4th 978 (2021). 23. Id. at 983 (quoting Okla. Stat. tit. 51, §156(E)) (brackets and emphasis in original). 24. Id. at 984. 25. Id. (emphasis in original). 26. Id. (citing Okla. Stat. tit. 5, ch. 1, app. 3-1, R. 4.2).

1. For purposes of the GTCA, a “tort” is defined as a legal wrong, independent of contract, involving violation of a duty imposed by general law, statute, the Constitution of the state of Oklahoma or otherwise, resulting in a loss to any person, association or corporation as the proximate result of an act or omission of a political subdivision or the state or an employee acting within the scope of employment. See Okla. Stat. tit. 51, §152(17). 2. 2019 OK 59. 3. Okla. Stat. tit. 51, §156(D). 4. Id. at §156(B). 5. 2019 OK 59, at ¶15, “A notice of claim given to the State or political subdivision is a mandatory or jurisdictional prerequisite to filing a claim for tort damages in a District Court,” (citing Hall v. The GEO Grp., Inc. , 2014 OK 22, ¶¶1, 13). 6. 2019 OK 59, at ¶2. 7. Id. 8. Id. 9. Okla. Stat. tit. 51, §156(E) (requiring a tort claim notice to include the date, time, place and circumstances of the claim; the identity of the political subdivision involved; the amount of compensation or other relief demanded; the name, address and telephone number of the claimant; the name, address and telephone number of any agent authorized to settle the claim; and any and all other information required to meet the reporting requirements of the Medicare Secondary Payer Mandatory Reporting Provisions). 10. See 1997 OK 26. 11. Id. (making note of the fact that “shall be in writing” was an amendment to the statute passed by the Legislature in response to a previous court ruling that the “in writing” requirement was not mandatory) (emphasis added). 12. 2019 OK 59, at ¶19. 13. Id. at ¶23 (emphasis in original). 14. Id. 15. See Okla. Stat. tit. 70, §5-119(A). 16. Id. 17. See Oklahoma Administrative Code 210:10-1-7 (2011 & 2016). 18. 2019 OK 59, at ¶33. 19. See 2020 OK CIV APP 39.

ABOUT THE AUTHORS

Adam T. Heavin is a native of Tulsa. He received his J.D. from the TU College of Law in 2021, where he served as editor-in-chief of

the Tulsa Law Review and graduated with highest honors. Mr. Heavin has been employed by Rosenstein, Fist & Ringold since 2021. Eric D. Wade received

his J.D. with honors from the TU College of Law in 2001. While in law school, Mr. Wade was articles

editor of the Tulsa Law Review and a member of the Order of the Curule Chair. He has been employed by Rosenstein, Fist & Ringold since 2001 and became a shareholder and director of the firm in 2011.

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THE OKLAHOMA BAR JOURNAL