Gess v. Flores, 2011 WY 48

Plaintiff Gess sues City of Cheyenne and two employees under the Wyoming Governmental Claims Act (WGCA) for negligence.
Plaintiff filed a WGCA claim timely on October 2, 2008, which the defendants concede as timely and sufficient under the WGCA.
Plaintiff filed a complaint on August 5, 2009 that did not state the WGCA filing date or meet constitutional signature/certification requirements identified in Beaulieu v. Florquist (Beaulieu II) and related Wyoming cases.
Defendants moved to dismiss for lack of subject matter jurisdiction on November 13, 2009, after the WGCA limitations period expired on October 2, 2009.
Plaintiff moved to amend the complaint on November 20, 2009 under W.R.C.P. 15(a) seeking relief after expiration of the WGCA deadline.
The district court indicated it would permit amendment only if it had jurisdiction; dismissal, if any, would be without prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court may permit amendment after the WGCA period.	Gess argues amendment is permissible and relate back should cure defects.	City contends lack of jurisdiction and statutes bar amendment after limitations.	Yes; district court may permit amendment and relate back.

Brown v. City of Casper, 2011 WY 35 (Wyo. 2011) (controlling authority on amendment/relate-back under WGCA)
Madsen v. Board of Trustees of Memorial Hospital of Sweetwater County, 2011 WY 36 (Wyo. 2011) (controlling authority on WGCA procedures)
Beaulieu v. Florquist (Beaulieu II), 2004 WY 31 (Wyo. 2004) (constitutional signature and certification requirements under WGCA)
McCann v. City of Cody, 2009 WY 86 (Wyo. 2009) (becomes part of WGCA pleading standards)
Motley v. Platte County, 2009 WY 147 (Wyo. 2009) (WGCA pleading requirements and related issues)
Gose v. City of Douglas, 2008 WY 126 (Wyo. 2008) (dismissal without prejudice in related WGCA context)
Hall v. Park County, 2010 WY 124 (Wyo. 2010) (savings/limitations discussion in WGCA context)