Nancy HALL, Appellant (Plaintiff), v. PARK COUNTY, Appellee (Defendant).
No. S-10-0015.
Supreme Court of Wyoming.
Sept. 3, 2010.
2010 WY 124
CONCLUSION
[¶17] The instruction at issue in this case was appropriate under the evidence introduced at trial by the State. The instruction permitted the jury to infer Budder was involved in the theft of the cash from the Crazy Woman Saloon if it first found, beyond a reasonable doubt, that Budder possessed the cash, and that other facts and circumstances also supported the inference. This instruction did not deny Budder his defense. The instructions as a whole also conformed to the mandates of W.R.E. 303 by informing the jury that the State bore the burden of proving every element of an offense beyond a reasonable doubt. Affirmed.
Representing Appellee: Larry B. Jones and William L. Simpson of Simpson, Kepler & Edwards, LLC, The Cody, Wyoming division of Burg Simpson Eldredge Hersh and Jardine, P.C. Argument by Mr. Jones.
Before KITE, C.J., and GOLDEN, HILL, VOIGT*, and BURKE, JJ.
VOIGT, Justice.
[¶1] This is an appeal from a district court order dismissing the appellant‘s complaint for lack of subject matter jurisdiction. Finding no error, we similarly dismiss this appeal.
ISSUE
[¶2] Whether the savings statute,
STANDARD OF REVIEW
[¶3] Jurisdictional issues, being questions of law, are reviewed de novo. Jauregui v. Mem‘l Hosp. of Sweetwater Co., 2005 WY 59, ¶ 4, 111 P.3d 914, 916 (Wyo.2005); Wilson v. Town of Alpine, 2005 WY 57, ¶ 4, 111 P.3d 290, 291 (Wyo.2005). If the district court lacked subject matter jurisdiction, this Court has jurisdiction on appeal, not on the merits, but only as to the jurisdictional issue. NMC v. JLW ex rel. NAW, 2004 WY 56, ¶ 9, 90 P.3d 93, 96 (Wyo.2004). The absence of subject matter jurisdiction makes dismissal, rather than affirmance, the proper course. Motley v. Platte County, 2009 WY 147, ¶ 3, 220 P.3d 518, 520 (Wyo.2009).
* Chief Justice at time of oral argument.
In interpreting statutes, our primary consideration is to determine the legislature‘s intent. All statutes must be construed in pari materia and, in ascertaining the meaning of a given law, all statutes relating to the same subject or having the same general purpose must be considered and construed in harmony. Statutory construction is a question of law, so our standard of review is de novo. We endeavor to interpret statutes in accordance with the legislature‘s intent. We begin by making an inquiry respecting the ordinary and obvious meaning of the words employed according to their arrangement and connection. We construe the statute as a whole, giving effect to every word, clause, and sentence, and we construe all parts of the statute in pari materia. When a statute is sufficiently clear and unambiguous, we give effect to the plain and ordinary meaning of the words and do not resort to the rules of statutory construction. Wyoming Board of Outfitters and Professional Guides v. Clark, 2001 WY 78, ¶ 12, 30 P.3d 36, ¶ 12 (Wyo.2001); Murphy v. State Canvassing Board, 12 P.3d 677, 679 (Wyo. 2000). Moreover, we must not give a statute a meaning that will nullify its operation if it is susceptible of another interpretation. Billis v. State, 800 P.2d 401, 413 (Wyo.1990) (citing McGuire v. McGuire, 608 P.2d 1278, 1283 (Wyo.1980)).
Moreover, we will not enlarge, stretch, expand, or extend a statute to matters that do not fall within its express provisions. Gray v. Stratton Real Estate, 2001 WY 125, ¶ 5, 36 P.3d 1127, ¶ 5 (Wyo.2001); Bowen v. State, Wyoming Real Estate Commission, 900 P.2d 1140, 1143 (Wyo. 1995).
Loberg v. Wyo. Workers’ Safety & Comp. Div., 2004 WY 48, ¶ 5, 88 P.3d 1045, ¶ 5 (Wyo.2004) (quoting Board of County Comm‘rs of Teton County v. Crow, 2003 WY 40, ¶¶ 40-41, 65 P.3d 720, ¶¶ 40-41 (Wyo.2003)). Only if we determine the language of a statute is ambiguous will we proceed to the next step, which involves applying general principles of statutory construction to the language of the statute in order to construe any ambiguous language to accurately reflect the intent of the legislature. If this Court determines that the language of the statute is not ambiguous, there is no room for further construction. We will apply the language of the statute using its ordinary and obvious meaning.
State v. Hanover Compression, LP, 2008 WY 138, ¶ 8, 196 P.3d 781, 784 (Wyo.2008) (quoting BP Am. Prod. Co. v. Wyo. Dep‘t of Revenue, 2005 WY 60, ¶ 15, 112 P.3d 596, 604 (Wyo.2005)).
FACTS
[¶5] On October 31, 2007, Hall‘s minivan was struck by a County road grader. Hall presented a claim to the County on February 22, 2008, seeking compensation for personal injury and property damages. On February 20, 2009, Hall filed a complaint against the County based upon that claim. The County responded to Hall‘s complaint with a motion to dismiss pursuant to
[¶6] Hall did not appeal the dismissal of her complaint, which means, of course, that that dismissal is not now before this Court. Instead, on July 27, 2009, Hall filed a new complaint in a separate civil action, with the same averments of her first complaint, but with additional language alleging compliance with the state constitution, and with a copy of her governmental claim attached. As before, the County responded with a motion to dismiss, this time based, inter alia, on the period of limitations found in
1. This Court does not have subject matter jurisdiction since the Complaint herein was not filed within one year of the date the Notice of Claim was submitted to Defendant Park County.
W.S. § 1-39-114 (LexisNexis 2009) .2. The Savings Statute does not apply to the facts of this case. The Savings Statute is not a substitute for an appeal.
It is from this order that Hall now appeals.
WYO. STAT. ANN. § 1-39-114
[¶7] The relevant period of limitations from the Wyoming Governmental Claims Act is found at
Except as otherwise provided, actions against a governmental entity or a public employee acting within the scope of his duties for torts occurring after June 30, 1979 which are subject to this act shall be forever barred unless commenced within one (1) year after the date the claim is filed pursuant to
W.S. 1-39-113 . In the case of a minor seven (7) years of age or younger, actions against a governmental entity or a public employee acting within the scope of his duties for torts occurring after June 30, 1979 which are subject to this act are forever barred unless commenced within two (2) years after occurrence or until his eighth birthday, whichever period is greater. In no case shall the statute of limitations provided in this section be longer than any other applicable statute of limitations. In the absence of applicable insurance coverage, if the claim was properly filed, the statute shall be tolled forty-five (45) days after a decision by the entity, if the decision was not made and mailed to the claimant within the statutory time limitation otherwise provided herein.
(Emphasis added.)
WYO. STAT. ANN. § 1-3-118
[¶8] The “savings statute” is found at
If in an action commenced in due time a judgment for the plaintiff is reversed, or if the plaintiff fails otherwise than upon the merits and the time limited for the commencement of the action has expired at the date of the reversal or failure, the plaintiff, or his representatives if he dies and if the cause of action survives, may commence a new action within one (1) year after the date of the failure or reversal. This provision also applies to any claim asserted in any pleading by a defendant.
DISCUSSION
[¶9] Before discussing the issue at hand, we will note briefly that, there having been no appeal from the dismissal of the first complaint, and the second dismissal not having been based upon the substance of the second complaint, the question of whether or not either complaint complied with statutory or constitutional requirements is not before the Court. In addition, the determination that the savings statute does not apply to the period of limitations found in the WGCA forecloses any need to consider another issue raised by the parties, that being whether a dismissal with prejudice is an adjudication on the merits under the savings statute.2
[¶10] It is uncontroverted that, under the WGCA, immunity is the rule, and liability the exception. State, Dep‘t of Corrections v. Watts, 2008 WY 19, ¶ 20, 177 P.3d 793, 798 (Wyo.2008); DeWald v. State, 719 P.2d 643, 646 (Wyo.1986); Lawrence J. Wolfe, Comment, Wyoming‘s Governmental Claims Act: Sovereign Immunity with Exceptions—A Statutory Analysis, XV Land & Water L.Rev. 619, 623 (1980). Specifically,
(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by [this Act].
[¶11] This Court has not previously considered the issue, but other courts have held that, absent specific statutory provision to the contrary, the doctrine of immunity precludes application of the savings statute in cases involving governmental claims. See, e.g., Davidson v. Lewis Bros. Bakery, 227 S.W.3d 17, 19-20 (Tenn.2007) (sovereign immunity bars application of savings statute); Lynn v. City of Jackson, 63 S.W.3d 332, 337 (Tenn.2001) (sovereign immunity bars application of savings statute); Yonkers Contracting Co., Inc. v. Port Authority Trans-Hudson Corp., 93 N.Y.2d 375, 690 N.Y.S.2d 512, 712 N.E.2d 678, 680-81 (1999) (sovereign immunity bars application of savings statute); 51 Am.Jur.2d Limitation of Actions § 278 (2000); and 54 C.J.S. Limitations of Actions § 350 (2010). Where sovereign immunity is not the rule, or where a statute allows application of the savings statute to governmental claims, courts have allowed application of the savings statute. See, e.g., Carroll v. City of Worcester, 42 Mass.App.Ct. 628, 678 N.E.2d 1344, 1345-46 (1997) (neither the governmental claims act nor the savings statute precluded application of the latter to the former); and Cruse v. Bd. of County Comm‘rs of Atoka County, 910 P.2d 998, 1000-1003 (Okla.1995) (savings statute applied to section of governmental claims act where phrase “shall be forever barred” was not used).3
[¶12] The language of
[¶13] As stated above, we have noted many times that sovereign immunity was abrogated by the Wyoming legislature only as strictly outlined in the WGCA. The courts of Wyoming do not have jurisdiction over governmental claims that do not meet the conditions of the Act.4 The appellant‘s second complaint was not filed within the specific period of limitations set forth in
CONCLUSION
[¶14] The savings statute,
VOIGT, J., delivers the opinion of the Court; KITE, C.J., files a dissenting opinion in which BURKE, J., joins.
KITE, Chief Justice, dissenting, in which BURKE, Justice, joins.
[¶15] I respectfully disagree with the majority opinion‘s conclusion that the savings statute,
If in an action commenced in due time ... the plaintiff fails otherwise than upon the merits and the time limited for the commencement of the action has expired at the date of the ... failure, the plaintiff ... may commence a new action within one (1) year after the date of the failure....
(Emphasis added). Pursuant to
For purposes of statutes of limitation, an action shall be deemed commenced on the date of filing the complaint as to each defendant, if service is made on the defendant ... within 60 days after the filing of the complaint. If such service is not made within 60 days the action shall be deemed commenced on the date when service is made.
(Emphasis added).
[¶16] In the present case, Ms. Hall commenced her action in due time within the meaning of § 1-3-118 and Rule 3(b). That is, she presented a notice of claim to the county “as an itemized statement in writing” on February 22, 2008, less than four months after the October 31, 2007, collision and well within the two year period the legislature prescribed in
[¶17] When the district court subsequently dismissed the action by order dated July 28, 2009, on the ground that the complaint did not allege compliance with Article 16, § 7 of the Wyoming Constitution, the “time limited for the commencement of the action” had expired. Additionally, Ms. Hall‘s action “fail[ed] otherwise than upon the merits.” See
[¶18] In holding otherwise, the majority concludes the savings statute does not apply to cases brought under the WGCA. It reaches this result by reasoning that if the legislature had intended the savings statute to apply, it would have said so. Contrary to the majority, I would conclude that if the legislature had intended the savings statute not to apply, it would have said so.
[¶19] When construing statutory enactments, this Court has repeatedly said:
All statutes are presumed to be enacted by the legislature with full knowledge of the existing state of law with reference thereto and statutes are therefore to be construed in harmony with the existing law, and as a part of an overall and uniform system of jurisprudence, and their meaning and effect is to be determined in connection, not only with the common law and the constitution, but also with reference to the decisions of the courts.
Hannifan v. American Nat‘l Bank of Cheyenne, 2008 WY 65, ¶ 7, 185 P.3d 679, 683 (Wyo.2008), citing Voss v. Ralston, 550 P.2d 481, 486 (Wyo.1976). When the legislature enacted the WGCA in 1979, therefore, we must presume it was aware of the savings statute. It can reasonably be concluded that the savings statute is one of the provisions the legislature was referring to in
[¶20] We must also presume that the legislature enacted the WGCA with full knowledge of this Court‘s decisions construing the savings statute. In Clause v. Columbia Savings & Loan Ass‘n, 16 Wyo. 450, 95 P. 54 (1908), the S & L filed suit against the administrator of the estate of one of its members seeking payment of a debt the member owed to the S & L. The S & L also named the sheriff because the trust deed named him as successor trustee and he had declined to act as trustee after the initial trustee could not perform. Because the sheriff was a named defendant, the coroner served the summons and complaint in his stead as required by statute. The court granted the estate‘s motion to dismiss the action on the ground that the sheriff was not a proper party; therefore, service by the coroner was improper. The S & L filed a subsequent action naming just the estate. The district court dismissed again.
[¶21] Addressing on appeal the question of whether the first complaint and summons “commenced” the action within the meaning of the savings statute, the Court held that it did—the plaintiff‘s first action was “commenced in due time” and “failed otherwise than on the merits” so as to authorize bringing a new action within one year after the date the first action failed. The Court said:
The [district] court had unquestioned jurisdiction of the subject matter of the action, so that if the service of the summons by the coroner conferred jurisdiction over the person of the defendant, the action must be held to have been commenced. The mere fact that the service was quashed does not determine the question, for it is not every irregularity or imperfection in a summons or the service thereof which will deprive the court of jurisdiction, though it may justify or require the setting aside of service ... or the reversal ... of a judgment. To have the effect of failing to give jurisdiction, the summons or service must be so radically defective that it would authorize a collateral impeachment of a judgment rendered thereon....
Id. at 58-59. The Court said further:
Where there has been actual personal service, and therefore notice of the action, the weight of authority and the better reasoning favors the theory that [misdirected process] renders the process voidable, but not void. * * * “The progressive and equitable idea is that in the administration of justice substance is to be held in higher regard than form, and technical defects should never be permitted to work injustice or deny substantial right. Process that is in every other particular valid, should not, for any omission of or defect in the direction, be considered more than voidable.”
[¶22] We recently reaffirmed the principles enunciated in Clause in Haney v. Cribbs, 2006 WY 158, ¶ 25, 148 P.3d 1118, 1125 (Wyo.2006) when we concluded that the savings statute allowed plaintiffs to re-file their personal injury case after their original complaint was dismissed for lack of subject matter jurisdiction because it was served on the Attorney General and Department of Employment by regular mail rather than certified mail as required by
[¶23] A majority of this Court has determined in other WGCA cases6 that the failure to allege in the complaint compliance with Article 16, § 7 of the Wyoming Constitution deprives a district court of subject matter jurisdiction to hear a governmental claim. Because a court‘s jurisdiction originates only by constitutional or statutory provision, a pleading requirement created by this Court cannot grant or take away a district court‘s jurisdiction. Consequently, the determination that a district court does not have subject matter jurisdiction because a complaint fails to conform to a judicially created jurisdictional pleading requirement is contrary to the WGCA, which, in
[¶24] In light of the law existing at the time the legislature adopted the WGCA, construing the WGCA in harmony with the existing law as part of a uniform system of jurisprudence, and determining the WGCA‘s meaning in connection with existing statutes, rules and court decisions as our rules of statutory construction require, I would hold that the savings statute applies to actions brought under the WGCA. Courts in other states have reached this result in construing their statutes. In Cruse v. Board of County Comm‘rs of Atoka County, 910 P.2d 998, 1005 (Okla.1995), in holding the savings statute applied to a complaint against a county board, the court stated:
The legislature could have forbidden the application of [the savings statute] to the refiling of a timely-filed governmental tort claims act, but it did not. Reading the ... Act in its entirety, we conclude that where valid notice has been given and the governmental tort claims action has been timely filed ... the court‘s power is invoked and, at that point, the governmental tort claims action is controlled by the laws of this state, including [the savings statute].
In Perez v. City of Meriden, 1998 WL 519034, 1998 Conn.Super. LEXIS 2274, the court held:
any suit ... is permissible under the savings statute and not barred by sovereign immunity. So long as the original action ... has failed for want of jurisdiction and is refiled within one year it is not barred, even if it is against a state or local government.
See also Reese v. Ohio State Univ. Hosps., 6 Ohio St.3d 162, 451 N.E.2d 1196 (1983), holding the savings statute applicable to suits against the state, and Carroll v. City of Worcester, 42 Mass.App.Ct. 628, 678 N.E.2d 1344 (1997), holding the savings statute applicable to suits against public employers and stating that if the legislature intended the savings statute not to apply to suits against public employers it would have said so.
[¶25] I also find persuasive the following remarks of the Utah Supreme Court made in the context of Utah‘s Health Care Malpractice Act but generally addressing the relationship between specific statutes of limitations and a savings statute:
The legislature has enacted statutes of limitations specific to a wide variety of statutory and common law causes of action. See, e.g.,
Utah Code Ann. § 25-6-10 (2003) (statute of limitations on fraudulent transfer claims);Id. § 78-15-3 (statute of limitations on products liability claims);Id. § 78-12-48 (statute of limitations on asbestos damages claims). In each instance, the limitations period is the product of a policy assessment that includes consideration of the nature of the claim, the durability of evidence, and the impact of claims on insurance coverage, to name but a few. The savings statute similarly codifies a legislative policy judgment. We can find no clear conflict between statutes of limitation generally and the savings statute. To the extent that they relate to one another, that tie is complementary. Absent a clear expression of legislative intent that a statute of limitations ought to preempt the savings statute, we will not block access to it. The Malpractice Act provides no clear link between its tolling provisions for prelitigation procedures and an intention to supplant the savings statute. We will not discardrule 3 and cut off access to the savings statute based on this tenuous inference of preemption.
McBride-Williams v. Huard, 94 P.3d 175, 178 (Utah 2004). Like the Utah court, absent a clear expression of legislative intent that a statute of limitations preempts the savings statute, I would apply the savings statute. The WGCA provides no clear link between its tolling provisions and an intention to supplant the savings statute. I would not discard