Jepson v. State, Department of Corrections

846 P.2d 485, 205 Utah Adv. Rep. 33, 1993 Utah App. LEXIS 12, 1993 WL 19720
CourtCourt of Appeals of Utah
DecidedJanuary 27, 1993
DocketNo. 910645-CA
StatusPublished
Cited by5 cases

This text of 846 P.2d 485 (Jepson v. State, Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jepson v. State, Department of Corrections, 846 P.2d 485, 205 Utah Adv. Rep. 33, 1993 Utah App. LEXIS 12, 1993 WL 19720 (Utah Ct. App. 1993).

Opinion

OPINION

RUSSON, Associate Presiding Judge:

Arron F. Jepson appeals the trial court’s order granting summary judgment in favor of the State of Utah. We affirm.

FACTS

The facts are undisputed. On November 14, 1986, a State vehicle driven by a Department of Corrections employee, collided with the rear of another vehicle, which in turn collided with the rear of Jepson’s vehicle. Jepson filed his notice of claim against the State on November 23, 1988, and commenced this action on November 21, 1989. The State subsequently filed a motion for summary judgment, arguing that Jepson’s suit was barred under Utah Code Ann. § 63-30-12 (1989) because he did not file his notice of claim within one year of the accident. Jepson responded that his claim did not arise until December 8, 1987, when his medical bills exceeded the $3,000 threshold provided by Utah Code Ann. § 31A-22-309(l)(e) (1991), and therefore, he had met the one-year requirement of section 63-30-12. After a hearing, the trial court granted the State’s motion on the ground that Jepson’s claim arose at the time of the accident, and thus he had not timely filed his notice of claim.

Jepson appeals, challenging the trial court’s conclusion that his claim arose at the time of the accident.

STANDARD OF REVIEW

Summary judgments present for review conclusions of law only, because, by definition, summary judgments do not resolve factual issues. Gridley Assocs., Ltd. v. Transamerica Ins. Co., 828 P.2d 524, 526 (Utah App.1992) (citing Bonham v. Morgan, 788 P.2d 497, 499 (Utah 1989)). Thus, we accord no deference to the trial court, but review its conclusions for correctness. Id. (citing Bonham, 788 P.2d at 499).

[487]*487ANALYSIS

Jepson contends that the trial court erred in granting the State’s motion for summary judgment on the basis of its conclusion that Jepson’s claim against the State arose at the time of the subject accident, and thus Jepson did not timely file his notice of claim pursuant to Utah Code Ann. § 63-30-12 (1989). The State responds that the trial court correctly concluded that Jepson’s claim arose at the time of the accident, and therefore, the court properly granted the said motion.

Section 63-30-12 provides:

A claim against the state, or against its employee for an act or omission occurring during the performance of his duties, within the scope of employment, or under color of authority, is barred unless notice of claim is filed with the attorney general and the agency concerned within one year after the claim arises, or before the expiration of any extension of time granted under Section 63-30-11, regardless of whether or not the function giving rise to the claim is characterized as governmental.

Utah Code Ann. § 63-30-12 (1989) (emphasis added).

Specifically, Jepson argues that his claim against the State did not arise until he satisfied one of the threshold requirements of Utah’s no-fault statute, Utah Code Ann. § 31A-22-309 (1991), which states:

(1) No person who has direct benefit coverage under a policy which includes personal injury protection may maintain a cause of action for general damages arising out of personal injuries alleged to have been caused by an automobile accident, except where the person has sustained one or more of the following:
(a) death;
(b) dismemberment;
(c) permanent disability;
(d) permanent disfigurement; or
(e) medical expenses to a person in excess of $3000.

Thus, Jepson argues that under section 31A-22-309, his claim did not arise until he had accrued medical expenses in excess of $3000, and consequently, under section 63-30-12, he had one year from that time to file a notice of claim against the State. Such argument is without merit.

Utah Code Ann. § 31A-22-309 (1991) neither defines nor governs when a claim arises. Rather, that section merely prescribes certain threshold requirements to be satisfied in order to maintain a personal injury cause of action. In Cappa-dona v. Eckelmann, 159 NJ.Super. 352, 388 A.2d 239 (1978), the Superior Court of New Jersey, in determining that the state’s no-fault act did not govern when a cause of action accrued, stated:

We see little to distinguish a personal injury claim surviving the threshold requirements from any other kind of similar claim. Complaints are frequently filed before the full facts regarding injury and liability are known.... So in the cases subject to [New Jersey’s no fault act], although uncertain that the threshold requirement will be met, a claimant may nonetheless file a complaint in tort realizing, however, that the claim may prove to be not actionable in the event cost of treatment fails to equal the threshold amount, at least by time of trial. A motion to dismiss a complaint so filed during a period in which treatment is continuing or where further treatment is anticipated should not be granted at that point, but either denied without prejudice or held until it is known whether the threshold amount will be realized, perhaps not until trial date. It will be only the extremely rare soft tissue case with treatment therefor not exceeding [the minimum amount] in cost during a two-year period of time which will result in unforeseen serious consequences after trial date that could possibly be affected by this holding. Rearranging traditional concepts of when tort actions accrue should not turn on that rare case.

Id., 388 A.2d at 242. See also Cansler v. Harrington, 231 Kan. 66, 643 P.2d 110,112 (1982) (affirming judgment against defendant where, although plaintiff did not satisfy no-fault threshold of $500 medical expenses within limitations period, she timely [488]*488filed action and met threshold by time of trial).

Likewise, in the case at bar, because section 31A-22-309 was not determinative as to when his claim arose, Jepson could have, consistent with that section, filed his notice of claim against the State, as well as filed a suit against the State, prior to incurring $3000 in medical expenses, so long as his expenses exceeded the statutory minimum at time of trial.

The time at which Jepson’s claim arose is governed by Utah Code Ann.

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Bluebook (online)
846 P.2d 485, 205 Utah Adv. Rep. 33, 1993 Utah App. LEXIS 12, 1993 WL 19720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jepson-v-state-department-of-corrections-utahctapp-1993.