APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

Craig v. Provo City, 2016 UT 40 (Aug. 26, 2016)

Aug 26, 2016

The plaintiffs’ suit against Provo City was timely when initially filed, but the complaint was dismissed without prejudice because the plaintiffs failed to submit an “undertaking” or bond as required by statute. By the time the plaintiffs refiled, it was beyond the one-year filing requirement of the Governmental Immunity Act. The Court held that Utah Code  § 78B-2-111 (the Savings Statute) could not sustain the timeliness of a re-filed suit against a governmental entity, because the Governmental Immunity Act speaks comprehensively to the timing of such a suit in a manner precluding operation of the Savings Statute.