Hall v. Park County

in which BURKE, Justice, joins.

[T15] I respectfully disagree with the majority opinion's conclusion that the savings statute, Wyo. Stat. Ann. § 1-38-118 (Lexis-Nexis 2009), does not apply to cases brought under the Wyoming Governmental Claims Act (WGCA). Section 1-8-118 provides in relevant part:

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 commenee a new action within one (1) year after the date of the failure....

(Emphasis…