Davis v. Central Utah Counseling Center

2006 UT 52, 147 P.3d 390, 560 Utah Adv. Rep. 27, 2006 Utah LEXIS 146, 2006 WL 2597225
CourtUtah Supreme Court
DecidedSeptember 12, 2006
Docket20040544
StatusPublished
Cited by10 cases

This text of 2006 UT 52 (Davis v. Central Utah Counseling Center) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Central Utah Counseling Center, 2006 UT 52, 147 P.3d 390, 560 Utah Adv. Rep. 27, 2006 Utah LEXIS 146, 2006 WL 2597225 (Utah 2006).

Opinion

PARRISH, Justice:

{1 Plaintiffs Robert Davis and Jenean Brothers seek recourse for the tragic death of their son Bryan Davis, who committed suicide while under the care of Central Utah Counseling Center ("CUCC"). Plaintiffs filed suit against CUCC, identified and unidentified employees of CUCC, the State of Utah, and Juab County. The district court dismissed the State of Utah and Juab County because of plaintiffs' failure to state a cognizable claim against them. It thereafter granted summary judgment in favor of CUCC and its employees because of plaintiffs' noneompliance with the notice requirements of the Utah Governmental Immunity Act. 1 Plaintiffs appeal both orders. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

T2 Nineteen-year-old Bryan Davis committed suicide on November 23, 1998, while undergoing treatment at CUCC in Nephi, Utah. Plaintiffs retained attorney Bruce Pritchett to pursue claims against CUCC.

T3 Utah's Governmental Immunity Act ("Immunity Act") provides that actions against a governmental entity and its employees may proceed only if a notice of claim is directed and delivered to specified persons within one year after the claim arises. Utah Code Ann. §§ 63-30-11, -18 (1998). On December 28, 1998, Pritchett visited CUCC's office and inspected Davis' medical records. During this visit, Pritchett spoke with a man "who apparently had authority over the office." Uncertain about CUCC's legal identity, Pritchett asked this unidentified employee whether CUCC was "part of the state's mental health system for this area." The employee answered affirmatively.

4 Eleven months later, on November 22, 1999, Pritchett called the Division of Mental Health of the Utah State Department of Human Services and received confirmation from an unidentified employee that CUCC was part of that Department. Pritchett then telephoned the Utah State Attorney General's office and spoke with Assistant Attorney General Reed Stringham. After Pritchett told Stringham that CUCC was a state agency, Stringham instructed him to direct the notice of a claim against CUCC to the State Attorney General's office. Pritchett then visited the website for the Department of Human Services, which listed CUCC among its "Mental Health offices."

T5 That same day, Pritchett finalized and directed a notice to the State Attorney General's office and, "as an additional precaution," to the Juab County Clerk. Pritchett did not direct a notice to CUCC. Sometime after the one-year limitations period had expired, one of the Juab County Commissioners provided a copy of the notice to CUCC's governing board.

T6 In December 2000, CUCC filed a declaratory judgment action in Juab County, seeking a determination that it was entitled to the protections of the Immunity Act, Utah Code Ann. §§ 68-80-1 to -84 (1998). CUCC claimed that it had been formed by an agreement executed on December 81, 1990, by Juab, Millard, Piute, Sanpete, Sevier, and Wayne Counties. According to CUCC, the six counties acted pursuant to the Interlocal Cooperation Act, Utah Code Ann. §§ 11-13, *394 1 to -386 (1990), and formed CUCC as an interlocal agency with the intention that CUCC would provide mental health services to the counties' residents. CUCC was originally named Central Utah Mental Health Alcohol and Drug Center. In 1993, the name of the agency was changed to Central Utah Mental Health Substance Abuse Center. The agency's name was changed one final time to Central Utah Counseling Center in 1994.

T7 Because of its status as an interlocal ageney, CUCC argued that it was entitled to the protections of the Immunity Act. Under the Immunity Act, interlocal agencies are given protection as "political subdivisions." See Utah Code Ann. § 11-18-5.5 (1989) ("The separate legal or administrative entity created [under the Interlocal Cooperation Act] is a political subdivision of the state. ..."). The Immunity Act provides that an action against a political subdivision may proceed only if a notice of claim is directed and delivered to "a member of the governing board, the executive director, or executive secretary" within one year after the claim arises. Id. §§ 68-30-11, -18.

T8 Plaintiffs responded to CUCC's commencement of the declaratory judgment action by filing a medical malpractice claim against CUCC, employees of CUCC, the State, and Juab County. Plaintiffs later amended the complaint to include a cause of action for wrongful death. The district court dismissed the State and Juab County for failure to state a claim, granted plaintiffs motion for a change of venue from Tooele County to Juab County, and consolidated the two cases.

T9 After the consolidation of the cases, CUCC moved to dismiss plaintiffs' claims for lack of subject matter jurisdiction, asserting that plaintiffs had failed to comply with the notice requirements of the Immunity Act. The district court denied the motion. The district court also denied CUCC's subsequent partial summary judgment motion, finding that there was insufficient evidence that CUCC was a governmental entity. After discovery, CUCC renewed its motion for summary judgment, which the district court then granted. On the basis of the undisputed facts, the district court determined that CUCC was in fact a governmental entity and that plaintiffs had failed to comply with the notice requirement of the Immunity Act. Plaintiffs then filed a motion for a new trial, which the district court denied.

110 Plaintiffs timely appealed the summary judgment order, as well as the district court's earlier dismissal of the State and Juab County, but failed to serve either the State or Juab County with its notice of appeal. Plaintiffs did, however, later serve a copy of their appellate brief on the State and Juab County. We initially transferred this case to the court of appeals but subsequently vacated the transfer order and recalled the case. We have jurisdiction pursuant to Utah Code section 78-2-2(8)(j) (2000).

ANALYSIS

Plaintiffs appeal the district court's order dismissing their claims against the State and Juab County, as well as the summary judgment entered in favor of CUCC and its employees. We first review and affirm the dismissal of the State and Juab County. We then evaluate the summary judgment order and affirm the district court's determination that CUCC was entitled to summary judgment because it is a properly formed interlocal agency entitled to the protections of the Immunity Act and plaintiffs failed to strictly comply with its notice requirements.

I. THE STATE OF UTAH AND JUAB COUNTY

A. Notice of Appeal

112 The State and Juab County contend that we lack jurisdiction over plaintiffs' appeal of their dismissal because plaintiffs failed to serve them with a copy of their notice of appeal. We disagree, concluding that plaintiffs' failure to serve the State and Juab County with copies of their notice of appeal was not jurisdictionally fatal.

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Bluebook (online)
2006 UT 52, 147 P.3d 390, 560 Utah Adv. Rep. 27, 2006 Utah LEXIS 146, 2006 WL 2597225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-central-utah-counseling-center-utah-2006.