Plaintiffs suing Talihina Public Works Authority submitted two separate claims under the Governmental Tort Claims Act. The first claim addressed property damage only. The Plaintiffs failed to file suit within the required time after the first claim was denied. The second claim addressed property damage and personal injury. The Plaintiffs filed suit within the required time after the second claim was denied. The Oklahoma Court of Civil Appeals held that the property damage claim was barred because of the Plaintiffs' failure to sue within the required time after the first claim was denied. But their personal injury claim was not barred because it was raised for the first time in the second claim.
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