Galindo v. FlagstaffAnnotate this Case
The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's claim for failure to timely file a notice of claim, holding that Plaintiff, a Utah resident injured in Utah by an Arizona municipal employee, may not file a claim against the employee and the municipality after the time to do so has expired under Arizona law but not under Utah law.
Plaintiff was involved in a motor vehicle accident in Utah with a driver who was acting in the course and scope of her employment with the City of Flagstaff, Arizona. When Plaintiff filed suit, the City and the driver moved to dismiss arguing that the district court lacked subject matter jurisdiction because Plaintiff did not file her notice of claim within six months as required by Arizona's governmental immunity statute, Ariz. Rev. Stat. 12-821.01. The district court applied the statute as a matter of comity. The Supreme Court affirmed, holding (1) comity was rightfully extended, and the district court correctly applied the statute; and (2) Plaintiff failed to comply with the statute's notice of claim requirement, and therefore, the action was untimely and required dismissal.