Hoffman v. Darnell
2011 WY 65
| Wyo. | 2011Background
- Hoffman, as personal representative of the decedent, filed a wrongful death action against Dr. Darnell and Johnson County Hospital District under the Wyoming Governmental Claims Act (WGCA).
- The district court dismissed with prejudice for lack of subject matter jurisdiction to allow amendment to allege WGCA and constitutional compliance.
- A February 4, 2008 notice of claim complied with WGCA and Article 16, §7 of the Wyoming Constitution.
- The complaint, filed April 25, 2008 within the wrongful death statute, asserted that all conditions precedent were performed including claim review and filing with the Hospital.
- Appellees asserted the pleading was defective in failing to allege date of notice presentation and constitutional signature/certification; the district court later held it lacked jurisdiction to permit amendment and dismissed the action.
- The Wyoming Supreme Court reversed, holding that jurisdiction attaches upon filing and that an amendment to allege WGCA compliance can relate back under Rule 15(c), then remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there district court discretion to permit amendment to plead WGCA and constitutional compliance? | Hoffman contends amendment should be allowed and relates back. | Darnell and Hospital maintain no jurisdiction to amend once time barred. | Yes; district court may allow amendment and relate back. |
| Did the court overstep separation of powers by creating special pleading rules? | Hoffman argues special pleading rules infringe constitutional separation of powers. | Defendants argue no such constitutional separation issue is created by Beaulieu-type requirements. | No; issue is addressed as one of jurisdiction and amendment. |
| Must the district court dismiss for lack of subject matter jurisdiction under W.R.C.P. 12(h)(3) when aware of defect? | Hoffman asserts amendment can cure jurisdictional defect. | Appellees argue dismissal was proper for lack of jurisdiction. | Not controlling here; amendment can cure jurisdiction. |
Key Cases Cited
- Brown v. City of Casper, 248 P.3d 1136 (Wyo. 2011) (jurisdiction arises upon filing; court may allow amendment to allege compliance when notice is timely presented; relates back under Rule 15(c))
- Beaulieu v. Florquist, 86 P.3d 863 (Wyo. 2004) (Beaulieu II addressing constitutional requirements for notice of governmental claim)
- Madsen v. Bd. of Trs. of Mem'l Hosp., 248 P.3d 1151 (Wyo. 2011) (reinforces amendment and relation back under WGCA framework)
- Gess v. Flores, 249 P.3d 715 (Wyo. 2011) (related to WGCA compliance and access to remedies)
- Fremont County Sheriff's Dep't v. Strom, 252 P.3d 939 (Wyo. 2011) (community of interpreting WGCA pleading and jurisdiction rules)
- Bd. of Trustees of Univ. of Wyoming v. Bell, 662 P.2d 410 (Wyo. 1983) (early precedent on government claims and pleading requirements)