APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

McTee v. Weber Ctr. Condo. Ass’n, 2016 UT App 134 (June 30, 2016)

Jun 30, 2016

This appeal centered on a notice of claim provision contained in the Governmental Immunity Act of Utah. The district court held that “it is not unreasonable that [the plaintiff] might take a month or more to identify the entity responsible for maintaining the parking structure,” and highlighted the importance of reasonable diligence in searching out the parties. The Utah Court of Appeals affirmed, stating that “the statute affords some limited latitude where the identity of the responsible party as a governmental entity is in question.” The claimant must know 1) that they had a claim against the governmental entity and 2) the identity of the governmental entity.