Roberts v. South Oklahoma City Hosp. Trust

1 The dispositive issue on appeal is whether South Community Hospital Trust d/b/a South Community Hospital is a valid public trust within the purview of the Political Subdivision Tort Claims Act, 51 O.S.Supp. 1979 ?? 152 (6), 156 (D) (Act). If South Community Hospital is in reality a public trust, claims against it must be brought within one year pursuant to ? 156(D) of the Act. If the hospital is not a public trust, notwithstanding the trust indenture naming the City of Oklahoma City as beneficiary, the applicable statute is the two year limitations period prescribed by 12 O.S. 1981 ? 1053 (A). Under the facts of this case, judged by the substance of the transaction and not by the form, we find that the conveyance is illusory, masking the retention by South Community Hospital of control of the entity which it purported to convey. Therefore, because the public trust does not qualify as a political subdivision, the notice provisions of the Act are inapplicable.