Background

• Two negligence actions under the Wyoming Governmental Claims Act were brought against Fremont County Sheriff's Department and Riverton Police Department by Raecheal and Rebecca Strom.
• Notice of claim was timely presented (Oct 2006) and lawsuits filed within the one-year statute of limitations (Oct 2007).
• Original complaints alleged notice but failed to allege the date of filing the notice and did not recite Article 16, Section 7 compliance; one sister had an incorrect notice date.
• Amended complaints (Nov/Dec 2007) cured the date issue but still lacked explicit constitutional compliance allegations; district court allowed amendments to relate back under Rule 15(c)(2).
• Second amended complaints ultimately met all three allegations; motions to dismiss were denied, and the matter proceeded.
• This Court affirmed, holding amendments to allege notice compliance relate back to the original filing date under Rule 15(c).

Issues

Key Cases Cited

• Brown v. City of Casper, 248 P.3d 1136 (Wyoming Supreme Court, 2011) (recognizes jurisdiction and relation-back for notices of claim under GCA)
• Madsen v. Board of Trustees of Memorial Hospital of Sweetwater County, 248 P.3d 1151 (Wyoming Supreme Court, 2011) (affirms relation-back to timely notice under GCA)
• Gess v. Flores, 249 P.3d 715 (Wyoming Supreme Court, 2011) (endorses amendment-relates-back principles under GCA)
• Beaulieu v. Florquist, 86 P.3d 863 (Wyoming Supreme Court, 2004) (early requirements for notice/constitutional citation later modified)
• Amrein v. Wyoming Livestock Bd., 851 P.2d 769 (Wyoming Supreme Court, 1993) (noting pleading requirements later superseded by Brown)
• Board of Trustees of the University of Wyoming v. Bell, 662 P.2d 410 (Wyoming Supreme Court, 1983) (addressed notice-of-claim pleading standards)