Waid v. State by and through Department of Transportation
In Waid v. State by and through Department of Transportation, 996 P.2d 18 (Wyo. 2000), the Court addressed the plain meaning of the Wyoming Governmental Claims Act.
The Court said the plain language of the statute measures the time for filing a claim not from the date damage occurs but from the date on which the "act, error or omission" occurs or when a claimant discovers it. 996 P.2d at 25.
The facts in Waid involved two separate incidences of flooding, which caused damage to the claimants' property. Id.
The claimants were clearly on notice that an "act, error or omission" occurred on the date of the first flood; however, they failed to make a claim at that time.
The claimants argued that, although the damage arising out of the initial flood was time barred, the recurrence of the second flood started the statutory period to begin again. Id.
The Court held the statute of limitations began to run when the claimant discovered the initial flood and said: "The situation had not changed by 1993, and although that flood caused additional damage, there was no new 'act, error or omission,' or a fresh discovery of such that would cause the statutory time period to start anew." Id.