Objects thrown by a brush hog have had a substantial effect on tort law in Oklahoma. The Court ultimately held that the state could be sued.
Vanderpool v. State
1983 OK 82
672 P.2d 1153
Case Number: 56939
Decided: 07/26/1983
Supreme Court of Oklahoma
VERA E. VANDERPOOL, APPELLANT,
v.
THE STATE OF OKLAHOMA AND THE OKLAHOMA HISTORICAL SOCIETY, APPELLEES.
Appeal from the District Court of Oklahoma County; Charles L. Owens, Trial Judge.
¶0 Appeal from an order and judgment of the District Court of Oklahoma County, Oklahoma, granting summary judgment in favor of the State of Oklahoma and the Oklahoma Historical Society.
John W. Norman, Incorporated by Ronald W. Horgan, Oklahoma City, for appellant.
Jan Eric Cartwright, Atty. Gen., Floyd W. Taylor, First Asst. Atty. Gen., Oklahoma City, for appellees.
LAVENDER, Justice:
¶1 This is an appeal from an order of the trial court granting summary judgment in favor of defendants below, State of Oklahoma and the Oklahoma Historical Society.
¶2 The facts are not in dispute. Appellant and plaintiff below while employed as an office worker by the Oklahoma Historical Society at a state historical site known as Fort Washita was an route to deliver a telephone message. While traversing the grounds, she was struck in the eye by a rock thrown up by a "Brush Hog" mower operated by a fellow employee while mowing weeds on the site, resulting in permanent loss of sight in her right eye. Plaintiff alleged negligence in that a protective shield on the mower had been removed by an employee of the State making the brush hog defective and allowing objects to be [672 P.2d 1154] propelled from the mower, thus rendering the mower totally unfit, unsafe and highly dangerous. Plaintiff seeks damages from the State and from the Society. The district court granted defendants' motion for summary judgment and dismissed the cause, holding that the doctrine of governmental immunity bars the action. Plaintiff appeals.