Monarrez v. Utah Dep’t of Transp. — 2016 UT 10 (Mar. 9, 2016)
Mar 9, 2016
UDOT did not respond to the plaintiff’s notice of claim within 60 days, which is deemed to be an automatic denial under the Utah Governmental Immunity Act. However, UDOT sent the plaintiff an actual denial letter several months later. The plaintiff filed suit within one year of the letter, but not within one year of the 60 day automatic denial. The court held that the one year limitations period to file a claim expired one year after the 60 day automatic denial, and not one year after the date of the later denial letter.