461 P.3d 122
Mont.2020Background:
- Turner, Dillon's Director of Operations, was discharged on September 25, 2015.
- Turner presented a written notice of claim to the City Clerk on September 21, 2016 (including an unfiled WDEA complaint); the City denied the claim on November 2, 2016.
- Turner filed his district-court complaint on November 7, 2016; the WDEA provides a 1-year limitations period from discharge.
- The District Court denied the City's motions to dismiss and for summary judgment, reasoning the pre-suit notice tolled the limitations period (citing Estate of Woody).
- A jury found for Turner and awarded $75,612; the City and Mayor appealed solely on the statute-of-limitations issue.
- The Montana Supreme Court reversed, holding Turner's claim was time-barred because the 120-day tolling provision applies to State claims, not municipal claims, and counties (not municipalities) have a distinct six-month rule.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Turner’s WDEA suit was time-barred | Turner argued filing a notice of claim with the City tolled the statute for 120 days or, by analogy to Estate of Woody (county), delayed the limitations period so his Nov. 7, 2016 suit was timely | City argued the 120-day tolling in §2-9-301(2) applies only to State claims; political subdivisions have no such tolling and counties alone have a special six-month rule under §27-2-209(3); Turner could have filed within 1 year | Reversed: Court held no 120-day tolling for municipalities; statute of limitations ran and Turner’s complaint was untimely; judgment for defendants on remand |
Key Cases Cited
- Estate of Woody v. Big Horn Cty., 376 P.3d 127 (Mont. 2016) (clarified that the 120-day tolling provision applies to State claims and explained Rouse principles for county claims)
- Stratemeyer v. Lincoln Cty., 915 P.2d 175 (Mont. 1996) (rejected requirement that claimants must first file with political subdivision before suing)
- Rouse v. Andaconda-Deer Lodge Cty., 817 P.2d 690 (Mont. 1991) (noted lack of tolling procedure for political subdivisions; led to county-specific approach under §27-2-209)
- Montanans v. State, 146 P.3d 759 (Mont. 2006) (statutory-construction principles: courts must give effect to plain statutory language)
- Glendive Med. Ctr., Inc. v. Mont. Dep’t of Pub. Health & Human Svcs., 49 P.3d 560 (Mont. 2002) (court may not add to or subtract from clear statutory text)