The Law Blog of Oklahoma

Parents of Plaza Towers Children File Tort Claim against Moore Public Schools

Friday, May 23, 2014

Just over a year ago, a devastating tornado swept through Moore, Oklahoma, killing 24 people, nine of them children. Of the nine children who died in that storm, seven were students at Plaza Towers Elementary, trying to take shelter from the storm in the halls of their school. Since their deaths, parents across the state have been crying out for change in the way our schools try to protect children from the tornadoes that all too often rage across our state. Putting tornado shelters in schools has become a priority for many Oklahomans.

Last week, the parents of six of the seven children who died at Plaza Towers Elementary filed tort claims against the City of Moore and Moore Public Schools. In their claims, filed on behalf of the six children and another child who was injured in the storm, the parents allege that the city and the school did not use "qualified architects, engineers, and contractors" in building the school and that the school failed to follow appropriate safety protocols in sheltering students from the storm.

The American Society of Civil Engineers says that a report about the tornado and any structural concerns related to the school is still under review; however, in the days following the tornado, structural engineers touring the site identified several structural deficiencies including construction flaws and code violations.

Filing a governmental tort claim is the first step in seeking monetary damages against a public entity, such as a city or a school district. In general, governments maintain sovereign immunity, a legal doctrine that holds that the state can do no wrong and therefore, cannot be held liable in a civil lawsuit. However, sovereign immunity has eroded over time, and there are specific circumstances under which a government agency can be sued.

The process for seeking damages from counties, municipalities, or the state in Oklahoma is explained under The Governmental Tort Claims Act found in 51 O.S. 151, et seq. In this act, the state waives sovereign immunity under certain conditions and exclusions and specifies limits of liability:

"The state, only to the extent and in the manner provided in this act, waives its immunity and that of its political subdivisions. In so waiving immunity, it is not the intent of the state to waive any rights under the Eleventh Amendment to the United States Constitution" (51 O.S. 152.1-B)

Section 153 holds that the government or its agency may be held liable only in situations where the agency, if a private person or entity, would be liable for monetary damages. It is not liable for injuries or damages that occur as the result of an employee acting outside the scope of his or her duties.

Limits of liability under a governmental tort claim follow:

  • $25,000 property loss
  • $125,000 personal injury in towns, cities, or counties where the population is less than 300,000
  • $175,000 personal injury in towns, cities, or counties where the population is greater than 300,000
  • $200,000 in medical negligence claims against university hospitals and state mental health hospitals
  • $1,000,000 for any number of claims arising from a single occurrence or accident

After a plaintiff files a governmental tort claim, the defending agency has 90 days to respond to the claim, either through payment or denial of the claim. If the government denies the claim, the plaintiff may be able to file a lawsuit against the entity. However, no lawsuit may be filed against an Oklahoma government or agency unless a tort claim has first been filed. Contact an attorney to understand the process and to determine whether you may be able to seek compensation from a state, county, or city government.

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