Nunez v. Albo
In Nunez v. Albo, 2002 UT App 247, 53 P.3d 2, a medical malpractice action, the plaintiff sued a doctor employed by the University of Utah, a state institution. In order to comply with statutory requirements for filing a malpractice action, Nunez filed a notice of claim with the doctor and the Utah Attorney General. Id. at P3.
The doctor filed a motion for summary judgment, arguing he was immune from suit as an employee of the University. Id. at P 5.
Nunez moved to amend her complaint to include the University as a defendant, but the trial court held that Nunez failed to comply with the separate notice of claim provision of the Governmental Immunity Act. Id. at P 6.
The court of appeals held that the trial court erred because the notice of claim complied with the statutory requirements, which did not require the University of Utah or its medical school to be separately named. Id. at PP 23-27.