Waid v. State of Wyoming, Department of Transportation
In Waid v. State of Wyoming, Department of Transportation, 996 P.2d 18 (Wyo. 2000), the Department of Transportation reconstructed a highway in the early 1980s, by raising the elevation of the highway as compared to the surrounding property.
In order to address water drainage issues, the department installed culverts. The plaintiffs' property flooded during heavy rainstorms in 1987 and in 1993 because the culverts were of insufficient capacity to carry the excess rain water.
Relying on the plain language of the statute of limitations contained within the Wyoming Governmental Claims Act, this Court ruled that the plaintiffs' claims accrued as of the date of the first flood in 1987.
The Court stated, "The time for filing a claim is measured not from the date damage occurs, but from the date on which the 'act, error, or omission' occurs. . ." Waid, 996 P.2d at 25 (citing Wyoming Governmental Claims Act, Wyo. Stat. Ann. 1-39-113).