Oklahoma City routinely waives subrogation when one of its employees is injured by tortious conduct while on duty in circumstances where the city and the employee both have claims arising out of the same occurrence. For example, I was attacked in the Oklahoma County courthouse by a disgruntled litigant and the city provided my medical care for the on-the-job injury. When my case settled, the entire amount was paid to me, and the city waived its subrogation interest on the theory that my pain and suffering was the proper allocation for all of the settlement proceeds. Orval Edwin Jones Assistant Municipal Counselor 405.297.2682 -----Original Message----- Today's Topics: 1. WAIVER OF SUBROGATION (Jon Miller) Message: 1 From: Jon Miller <JMiller@cityofmustang.org> Subject: [Oama] WAIVER OF SUBROGATION Can municipality waive its right of subrogation, or would such waiver constitute a "gift" or be otherwise improper? Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.