Estate of Woody Ex Rel. Woody v. Big Horn County
376 P.3d 127
Mont.2016Background
- Kenneth R. Woody IV died on December 16, 2011 after a high-speed chase by a Big Horn County deputy; estate sued the County for negligence and related claims.
- Estate presented an administrative claim to Big Horn County on September 11, 2014 seeking $750,000; the County acknowledged receipt but never responded or denied.
- Estate filed suit in District Court on March 3, 2015. The County moved to dismiss under M. R. Civ. P. 12(b)(6) as time-barred by the three-year statute of limitations.
- The District Court granted dismissal, concluding the Estate’s administrative filing did not toll the statute of limitations under §§ 2-9-301(3) and 27-2-209(3), MCA, relying on Stratemeyer.
- The Estate appealed, arguing Rouse controlled and the filing tolled the limitations period because the County never denied the claim.
- Supreme Court reversed: it held Rouse’s tolling rule (as to § 27-2-209(3)) remains good law except for the narrow point Stratemeyer overruled about a “first file” requirement in § 2-9-301(3). The Estate’s complaint was timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Estate’s administrative filing tolled the statute of limitations for claims against a county so that the action was timely | Filing the claim with the county on Sept. 11, 2014 tolled the limitations under §§ 2-9-302 and 27-2-209(3), and because the County never denied the claim the six-month post-denial period never began (Rouse) | § 2-9-301(3) lacks an express tolling provision for political subdivisions; § 27-2-209(3) can shorten rather than extend limitations and no tolling applies here (Stratemeyer) | Court held Rouse’s tolling rule under § 27-2-209(3) controls: timely filing with the county tolled the original limitations period and, because the County never denied the claim, the six-month period never began; complaint was timely |
Key Cases Cited
- Rouse v. Anaconda-Deer Lodge County, 250 Mont. 1, 817 P.2d 690 (Mont. 1991) (timely filing of claim with county tolls limitations and six-month post-denial period does not begin until denial)
- Stratemeyer v. Lincoln County, 276 Mont. 67, 915 P.2d 175 (Mont. 1996) (overrules Rouse only insofar as Rouse required a claimant to "first file" with a political subdivision before filing in district court; § 2-9-301(3) merely requires filing)
- Bottomly v. Ford, 117 Mont. 160, 157 P.2d 108 (Mont. 1945) (deference to legislative change where court has previously construed a statute)