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McGraw v. University of Utah, 2019 UT App 144 (August 22, 2019)

Aug 22, 2019

A former employee seeking to sue the University of Utah delivered a putative notice of claim to the University’s general counsel and, two months later, delivered another to the Attorney General’s authorized agent as required by the Utah Governmental Immunity Act.  The employee then filed suit against the University two weeks later.  On interlocutory appeal from denial of the University’s motion to dismiss, the Utah Court of Appeals emphasized that the Governmental Immunity Act’s claim-initiation procedures require strict compliance and reversed.  The first notice of claim was not properly filed with the Attorney General as required by the Act, and the employee failed to allow sixty days to lapse from the time the second notice was delivered before filing her complaint, necessitating dismissal of her suit for lack of jurisdiction.