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BANK ONE UTAH, N.A. v. WEST JORDAN CITY

No. 20000785-CA.

54 P.3d 135 (2002)

2002 UT App 271

BANK ONE UTAH, N.A., Plaintiff and Appellant, v. WEST JORDAN CITY, Defendant and Appellee.

Court of Appeals of Utah.

August 15, 2002.

Attorney(s) appearing for the Case

Arnold Richer and Mark E. Medcalf, Richer Swan & Overholt, Midvale, for Appellant.

Kevin R. Watkins, Kaysville, Ryan B. Carter, and Stuart E. Williams, West Jordan City Prosecutor, and Ronald C. Wolthuis, Bugden & Isaacson LLC, Salt Lake City, for Appellee.

Before Judges BILLINGS, DAVIS, and ORME.

OPINION

ORME, Judge:

¶ 1 Bank One appeals the summary judgment in favor of West Jordan City, which judgment was premised on the conclusion that the bank's statutorily required notice of claim was not timely filed. Bank One contends it did not have a reason to initiate a claim against West Jordan until it knew of West Jordan's responsibility for the bank's injury and the amount of its damages. We reverse.

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