GableGotwals Obtains Unanimous Reversal in Oklahoma Supreme Court

February 26, 2024 | On February 13, 2024, GableGotwals obtained a significant victory in the Oklahoma Supreme Court for its client, the Jackson County Emergency Medical Service District. In a unanimous, published opinion on a public law question of first impression, the High Court issued a writ against a Grady County District Judge prohibiting further proceedings in a personal injury case against the District. Neither the Oklahoma Constitution authorizing creation of the District nor the Oklahoma Governmental Tort Claims Act, which protects counties and cities, expressly authorizes immunity for Districts from damage suits. The Supreme Court held, the District had sovereign immunity and prohibited the District Court from going forward in the suit against the District. The opinion is reported as Jackson County Emergency Medical Service District, et al. v. Kirkland, 2024 OK 4.

GableGotwals Shareholders Steven J. Adams and Graydon D. Luthey, Jr. represented the District in the Supreme Court. Mr. Luthey argued the case before the Supreme Court Referee and served as the primary brief writer.