Holt v. State Ex Rel. Oklahoma Department of Transportation

1996 OK CIV APP 101, 927 P.2d 57, 67 O.B.A.J. 3447, 1996 Okla. Civ. App. LEXIS 105, 1996 WL 637778
CourtCourt of Civil Appeals of Oklahoma
DecidedAugust 20, 1996
Docket87401
StatusPublished
Cited by8 cases

This text of 1996 OK CIV APP 101 (Holt v. State Ex Rel. Oklahoma Department of Transportation) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holt v. State Ex Rel. Oklahoma Department of Transportation, 1996 OK CIV APP 101, 927 P.2d 57, 67 O.B.A.J. 3447, 1996 Okla. Civ. App. LEXIS 105, 1996 WL 637778 (Okla. Ct. App. 1996).

Opinions

OPINION

HANSEN, Presiding Judge:

In this wrongful death action pursuant to the Governmental Tort Claims Act (the Act), 51 O.S.1991 §§ 151 et seq., Appellant, David Holt (Holt), seeks review of the trial court’s order granting summary judgment in favor of Appellee, State of Oklahoma (State). The appeal is pursuant to the accelerated procedure under Rule 1.203, Rules of Appellate Procedure in Civil Cases, 12 O.S.Supp.1993, Ch. 15, App. 2.

Holt brought this action as Personal Representative of the estates of his parents, James Holt and Joan Holt. James and Joan Holt were killed in a vehicular accident where state highway 151 crosses over the Keystone Dam in Tulsa county. The parties agree the accident happened when the driver of an oncoming car lost control on an icy patch, crossed the centerline, and struck the Holts’ ear head on. The Holts’ car was estimated to have been traveling at 50 miles per hour and the other car at 55 miles per hour.

The parties also agree the likely source of the ice on the roadway was mist formed when water was released through the flood gate of the dam. The temperature was below freezing on the morning of the accident, but there had been no precipitation in the area for 24 hours. There were signs located at each end of the dam warning motorists to “Watch for Ice on Bridge”. Remote controlled amber flashing lights mounted on top of each sign were not operating at the time of the accident. None of State’s employees was aware the Corps of Engineers was to release water through the dam on the day of the accident.

Holt alleged the accident, and decedents’ deaths, were proximately caused by State’s negligence in failing to [a] activate the amber flashing lights on the signs warning motorists to watch for ice, [b] warn motorists of the dangerous condition of the ice on the bridge, and [c] establish a system with the Corps of Engineers whereby the Corps would notify State when water was to be released through the dam during the time of the year ice could form on the roadway.

State moved for summary judgment, arguing it was immune from civil liability, that it had no duty to warn, and that there was no causal connection between the alleged breaches of duty and the claimed losses. State acknowledged sovereign immunity for torts committed by its employees had been generally waived by 51 O.S.1991 § 152.1, but asserted it retained immunity under the facts here in accordance with the exemptions from waiver found in 51 O.S.1991 §§ 155(8) and 155(15). These sections are part of the Act.

Subsections 155(8) and (15) provide, in relevant part, that State shall not be liable if a loss results from:

(8) Snow or ice conditions or temporary or natural conditions on any public way or other public place due to weather condi[60]*60tions, unless the condition is affirmatively caused by the negligent act of the state
(15) Absence, condition, location or malfunction of any traffic or road sign, signal or warning device unless the absence, condition, location or malfunction is not corrected by the state or political subdivision responsible within a reasonable time after actual or constructive notice or the removal or destruction of such signs, signals or warning devices by third parties, action of weather elements or as a result of traffic collision except on failure of the state or political subdivision to correct the same within a reasonable time after actual or constructive notice. Nothing herein shall give rise to liability arising from the failure of the state or any political subdivision to initially place any of the above signs, signals or warning devices....

In its brief supporting its motion for summary judgment, State also argued it had no duty to further warn drivers of ice on the roadway because [1] the ice was an open and obvious condition, [2] there were signs present warning of the possible danger, and [3] State had no notice of the danger superior to that of the driver of the car which struck the Holts’ car. Finally, State argued reasonable persons could not conclude, as Holt asserted in his Petition, that had the amber lights been flashing, the collision would not have occurred. Thus, State contends no causal connections can be shown between its alleged breach and the Holts’ death.

Holt argued in his brief opposing State’s motion for summary judgment that State was not immune from suit under 51 O.S.1991 § 155(8) because the ice on the road was the result of a man made condition, not due to weather conditions as necessary in accordance with § 155(8). Similarly, Holt argued State is not exempt from liability pursuant to 51 O.S.1991 § 155(15) because he is not claiming negligence for the absence, condition, location or malfunction of any traffic or road sign, signal or warning device. Rather, Holt claimed negligence in failing to exercise reasonable care in operation of the flashing amber lights on the signs, that is, State did not activate the flashing lights when it should have.

Holt also asserted State did have a duty to warn in that the ice was not open and obvious. He said there was nothing about the weather or roadway before the icy area that would have given notice to the drivers and therefore the icy area presented a trap. Holt also argued there was expert opinion in the record which presented a question of fact as to whether activation of the flashing lights would have reduced the probability of loss of control of the second vehicle and the resulting accident.

The trial court granted summary judgment in favor of State without specific findings. On appeal from that order, Holt contends the trial court erred by granting summary judgment in favor of State based on any of the grounds asserted by State below. Summary judgment is appropriate where it appears there is no substantial controversy as to any material fact, and that a party is entitled to judgment as a matter of law. First State Bank v. Diamond Plastics, 891 P.2d 1262, 1266 (Okla.1995). All inferences to be drawn from the underlying facts will be reviewed in the light most favorable to the party opposing the motion for summary judgment. First State Bank v. Diamond Plastics, at 1266.

We find merit in Holt’s contention that State is not exempt from liability under 51 O.S.1991 § 155. Statutory construction is a matter of law, and we will review de novo a trial court’s determination of statutory language. Oklahoma Employment Security Commission v. Oklahoma Merit Protection Commission, 900 P.2d 470 (Okla.App.1995) (cert. denied).

The Act, as a derogation of common law, is to be liberally construed with a view to effect the object of the act and to promote justice. Gleason v. City of Oklahoma City, 666 P.2d 786 (Okla.App.1983); 25 O.S.1991 § 29. The Act was the Legislature’s response to Vanderpool v. State of Oklahoma ex rel. Oklahoma Historical Society, 672 P.2d 1153 (Okla.1983), wherein the Oklahoma Supreme Court judicially abrogated the common-law doctrine of sovereign im[61]*61munity. The Act redefined the parameters of governmental tort liability in Oklahoma by waiving governmental immunity “subject to the limitations and exceptions specified in” the Act. Anderson v. Eichner, 890 P.2d 1329 (Okla.1994); 51 O.S.1991 § 153. Among those limitations and exceptions are the 31 “carefully circumscribed exemptions” found in § 155. Anderson, at 1338.

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Holt v. State Ex Rel. Oklahoma Department of Transportation
1996 OK CIV APP 101 (Court of Civil Appeals of Oklahoma, 1996)

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Bluebook (online)
1996 OK CIV APP 101, 927 P.2d 57, 67 O.B.A.J. 3447, 1996 Okla. Civ. App. LEXIS 105, 1996 WL 637778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holt-v-state-ex-rel-oklahoma-department-of-transportation-oklacivapp-1996.