Brown v. City of Casper
2011 WY 35
| Wyo. | 2011Background
- Brown was injured when Walters ran a red light, and he served a WGCA notice of claim to the City on April 25, 2008.
- Brown amended the notice on April 16, 2009 and filed suit against the City and Walters on April 23, 2009.
- The City and Walters moved for judgment on the pleadings, arguing lack of jurisdiction because the complaint did not allege constitutional compliance.
- The district court converted the motions to summary judgment, dismissed the case, and held Bell controlled, prohibiting amendment to plead compliance.
- Brown moved to amend to allege Article 16, §7 and WGCA compliance; the court denied amendment and dismissed with prejudice.
- The Wyoming Supreme Court reversed, holding subject matter jurisdiction is invoked by filing a complaint and may be cured by amendment showing compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a court permit amendment to cure pleading deficiencies? | Brown | City/Walters | Yes; amendment permitted to allege compliance. |
| Does jurisdiction arise from filing a complaint against a governmental entity even if it lacks explicit compliance allegations? | Brown | City/Walters | Yes; jurisdiction exists when complaint falls within general class; amendment can cure deficiencies. |
| Should Bell and its progeny be overruled to align with traditional jurisdiction rules? | Brown | City/Walters | Yes; Bell and related lines are overruled to restore pre-Bell jurisdiction principles. |
Key Cases Cited
- Kusel, 29 Wyo. 287, 213 P. 367 (Wyo. 1923) (jurisdiction lies over cases of a general class; pleadings need not be perfect to invoke jurisdiction)
- Houtz v. Board of Comm'rs of Uinta County, 11 Wyo. 152, 70 P. 840 (Wyo. 1902) (notice of claim is a condition precedent; jurisdiction resides in district court)
- Utah Construction Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951 (Wyo. 1933) (notice of claim as prerequisite to suit; absence prevents maintenance of action)
- Bell v. Schell, 662 P.2d 410 (Wyo. 1983) (notice of claim pleading requirement treated as nonclaim statute; creates rights to sue, conditions precedent)
- Amrein v. Wyoming Livestock Board, 851 P.2d 769 (Wyo. 1993) (expanded Bell reasoning; dismissal for not alleging notice timing)
- Beaulieu v. Florquist, 20 P.3d 521 (Wyo. 2001) (Beaulieu I; timely notice not signed/verified; later action barred; later Beaulieu II clarified pleading requirements)