Zemlicka v. West Jordan City

ORME, Judge:

¶1 Norma Zemlicka appeals the district court's dismissal of her complaint against West Jordan City for failure to file a timely undertaking under a prior version of section 601 of the Utah Governmental Immunity Act (UGIA). We reverse.

INTRODUCTION

¶2 At the time Zemlicka filed her complaint against West Jordan City, section 601, since amended so as to avoid the problem presented by this case, required that " [a]t the time the action is filed , the plaintiff shall file an undertaking in a sum fixed by the court that is ... not less than $300." Utah Code Ann. § 63G-7-601(2)…