Craig v. Provo City

On Certiorari to the Utah Court of Appeals

Associate Chief Justice Lee,

opinion of the Court:

¶1 This is a tort suit under the Governmental Immunity Act, Utah Code title 63G chapter 7. The plaintiffs’ suit against defen*424dant Provo City was timely when initially filed, but the first complaint was dismissed because the plaintiffs failed to submit an “undertaking” or bond as required by statute. See Utah Code § 63G-7-601(2). And by the time the case was refiled (this time "with a bond), it was beyond the one-year filing requirement of the Governmental Immunity Act. Id. § 63G-7-402. Plaintiffs sought…