Craig v. Provo City

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Plaintiffs filed a tort suit against Provo City under the Governmental Immunity Act. The complaint was dismissed because Plaintiffs failed to submit an undertaking or bond as required by the statute. Plaintiffs filed a second complaint, this time with the bond required by statute, but by the time the case was refiled, it was untimely under the Act. Provo City moved to dismiss. In response, Plaintiffs pointed to the Savings Statute, a provision outside the Governmental Immunity Act that generally extends the statute of limitations for plaintiffs when a complaint is dismissed other than on the merits. The district court granted the motion to dismiss. The court of appeals reversed, concluding that the Act was complementary to other laws like the Savings Statute, and thus the Savings Statue was applicable. The Supreme Court reversed, holding that the Act forecloses the applicability of the Savings Statute. View "Craig v. Provo City" on Justia Law