Kluver v. Weatherford Hosp. Authority

1 [1] The dispositive issue in this appeal of a medical malpractice action is whether the trial court erred in granting summary judgment to the defendant, Weatherford Hospital Authority doing business as Southwestern Memorial Hospital (the hospital). Summary judgment was based on the plaintiffs failure to comply with the Political Subdivision Tort Claims Act (Act). Okla. Stat. tit. 51, ?? 151-170 (1981) (now the Governmental Tort Claims Act, Okla. Stat. tit. 51, ?? 151-172 (1991)). Evidence of whether the hospital was a true political subdivision entitled to the protection of the Acts notice provision was not presented to the trial court. The judgment must therefore be reversed and the cause remanded for such a determination.