CANFIELD v. LAYTON CITY

No. 20040681.

122 P.3d 622 (2005)

2005 UT 60

Machelle CANFIELD, Plaintiff and Petitioner, v. LAYTON CITY, a Utah Municipality, Defendant and Respondent.

Supreme Court of Utah.

September 16, 2005.


Attorney(s) appearing for the Case

Brad C. Smith, Benjamin C. Rasmussen, Ogden, for plaintiff.

Stanley J. Preston, Camille N. Johnson, Judith D. Wolferts, Maralyn M. Reger, Ogden, for defendant.


On Certiorari to the Utah Court of Appeals

DURHAM, Chief Justice:

¶ 1 Plaintiff, Machelle Canfield, appealed the district court's rule 12(b)(1) dismissal of her wrongful termination action against defendant, Layton City, for lack of subject matter jurisdiction. The court of appeals affirmed, noting that adherence to the notice of claim requirement of the Governmental Immunity Act of Utah (GIA), Utah Code Ann. §§ 63-30d-101 -802 (2004), is...

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