Vittoria v. Provo City
Vittoria v. Provo City, 2024 UT App 99 (Mortensen, J.)
Muncipal
In 2019, Vittoria slipped and fell on a sidewalk owned by Provo City. In 2020, she filed a notice of claim with the City and in 2021 she denied a settlement offer from the City. In 2022, she sued the City in district court. The district court concluded that Vittoria’s complaint was untimely under the Governmental Immunity Act of Utah (GIAU). Vittoria appealed, arguing that the timeframe in Utah Code section 78B-2-303 applied. The Utah Court of Appeals affirmed, holding:
- The district court correctly dismissed Vittoria’s claim as time-barred under GIAU.
- Practice tip: Section 78B-2-303 does not apply to suits that sound in law but may apply to those sought in equity.
- Practice tip: Plaintiffs are free to file tort claims with the district court before receiving a municipality’s denial of liability or settlement offer.
