Kramer v. Central Highway Dist.
| Decision Date | 21 February 1995 |
| Docket Number | No. 20685,20685 |
| Citation | 889 P.2d 1112,126 Idaho 722 |
| Court | Idaho Supreme Court |
| Parties | Victor M. KRAMER, Plaintiff-Appellant, v. CENTRAL HIGHWAY DISTRICT, a political subdivision of the State of Idaho, and Chairman Thomas Zenner, Commissioner Del Lunders, and Commissioner Dick Randal, and Employees of The Central Highway District, John Does 1, 2, 3, 4, Defendants, and Nez Perce County, a political subdivision of the State of Idaho, and County Commissioners Irvin Hill, Earl Ferguson, and Leonard Williams, and John Does 1, 2, & 3, Defendants-Respondents. Moscow, October 1994 Term |
Henderson, Hadley & Grow, Lewiston, for appellant. James W. Grow, Jr. argued.
Ramsden & Lyons, Coeur d'Alene, for respondents. Marc A. Lyons argued.
This is an appeal from an order granting summary judgment and dismissing with prejudice the plaintiff's tort action against Nez Perce County. The district judge held that the plaintiff failed to serve a notice of tort claim on Nez Perce County within 180 days from when the claim arose or reasonably should have been discovered, as required by the Idaho Tort Claims Act, I.C. § 6-906. We affirm.
On May 3, 1990, Victor M. Kramer, a California resident, was traveling on Reubens Road located in Nez Perce County and Lewis County at the posted speed. When Kramer crossed the border from Nez Perce County and entered Lewis County, the road abruptly turned from pavement into gravel, and Kramer's car turned broadside and rolled, causing Kramer serious injuries.
On October 2, 1990, Kramer's counsel sent a Notice of Tort Claim to the Latah County Clerk. On October 5, 1990, Lewis County also received notice of the Tort Claim from Kramer. The claim asserted that "[t]he accident was caused by the county's negligence Kramer's counsel received two nearly identical responses to the above notices from Corroon & Black, respectively identifying Corroon & Black as the claims administrator for Latah and Lewis counties. The response letters each denied maintenance responsibility for the "area," and identified the Central Highway District as possibly having maintenance responsibilities:
[126 Idaho 724] in failing to place warning signs on the road advising drivers of [the] change in road conditions."
Please be advised that [Latah/Lewis] County has no maintenance responsibilities for this area. This, we understand, is the responsibility of the Central Highway District. Since Central Highway District is a separate entity and not under the jurisdiction of [Latah/Lewis] County, we must respectfully deny payment of this claim on behalf of [Latah/Lewis] County.
Corroon & Black sent the Latah County response on October 23, 1990, and the Lewis County response on October 29, 1990. Corroon & Black administers all claims for the Idaho County Reciprocal Management Program (ICRMP). Lewis, Latah, and Nez Perce Counties are members of, and maintain liability insurance with, the ICRMP. After receiving the response letters from Corroon & Black, Kramer's counsel filed a Notice of Tort Claim with the Central Highway District on November 1, 1990.
On November 25, 1990, photographs were taken of the accident scene which came into the possession of Kramer's counsel. The photographs included photos of a sign that said "Entering Nez Perce County," which was in place on the day of the accident, May 3, 1990.
On May 1, 1992, counsel for the Central Highway District took Kramer's deposition. After the deposition that day, counsel for the Central Highway District informed Kramer that the paved portion of Reubens Road, and the responsibility of its maintenance and sign posting, were with Nez Perce County and not the Central Highway District. That same day, Kramer's counsel filed a Notice of Tort Claim with Nez Perce County.
On May 11, 1992, Kramer received a response from Willis-Corroon (formerly Corroon & Black, hereinafter Corroon) stating it was the claims administrator for Nez Perce County and denying Kramer's claim on grounds that it was not filed within the 180 day requirement of I.C. § 6-906. On August 21, 1992, Kramer filed an amended complaint naming Nez Perce County and its Board of Commissioners as defendants.
Nez Perce County moved for summary judgment claiming Kramer failed to serve notice on Nez Perce County within the 180 days specified in I.C. § 6-906. The district judge granted the motion and dismissed with prejudice Kramer's action against Nez Perce County.
In an appeal from an order of summary judgment, this Court's standard of review is the same as the standard used by the district court in ruling on the motion for summary judgment. East Lizard Butte Water Corp. v. Howell, 122 Idaho 679, 681, 837 P.2d 805, 807 (1992). On review, this Court liberally construes the record in the light most favorable to the party opposing the motion, drawing all reasonable inferences and conclusions in that party's favor. Farm Credit Bank of Spokane v. Stevenson, 125 Idaho 270, 272, 869 P.2d 1365, 1367 (1994). Summary judgment shall be granted if the court determines that "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law...." I.R.C.P. 56(c).
The Idaho Tort Claims Act states that "[n]o claim or action shall be allowed against All claims against a political subdivision arising under the provisions of this act and all claims against an employee of a political subdivision for any act or omission of the employee within the course or scope of his employment shall be presented to and filed with the clerk or secretary of the political subdivision within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later.
[126 Idaho 725] a governmental entity or its employee unless the claim has been presented and filed within the time limits prescribed by this act." I.C. § 6-908. The Act establishes a 180-day time limit to file a claim:
I.C. § 6-906. At issue in this case is when "the claim ... reasonably should have been discovered." The accident occurred on May 3, 1990. The notice of tort claim was filed with Nez Perce County on May 1, 1992, nearly two years later. Accordingly, Kramer's claim is barred unless Kramer reasonably should not have been able to discover his claim against Nez Perce County until approximately one and a half years after the accident, that is, one hundred eighty days prior to May 1, 1992.
Based on the undisputed facts of this case, we conclude that Kramer reasonably should have discovered his claim against Nez Perce County well within the first year and a half of the accident, if not within the first 180 days. This is not a latent injury situation. There is no dispute when the accident occurred or the alleged cause of Kramer's injuries. The tort claim notices sent to both Lewis and Latah counties demonstrate that within the first 180 days from the accident, Kramer knew he had been injured while traveling on a "County" road commonly referred to as "Reubens Road," "near Reubens, Idaho," and allegedly that "[t]he accident was caused by the county's negligence in failing to to [sic] place warning signs on the road advising drivers of said change in road conditions." All that remained was for Kramer to determine the potentially responsible county/counties or other political subdivisions and serve notice. The burden was his.
Kramer mistakenly served Latah County on October 2, 1990. Several days later, he served Lewis County, but failed to also serve Nez Perce County. Nothing in the record explains why Kramer failed to serve Nez Perce along with Lewis County in early October 1990. Nothing in the record reveals any difficulty with learning that Reubens Road lies partially in Nez Perce County. At any time during the six months after the accident Kramer or his representatives could have determined with minimal effort that part of Reubens Road in the area of the accident was in Nez Perce County. Likewise, it seems that with minimal effort Kramer could have determined whether Nez Perce County or some other political subdivision was responsible for maintaining the road.
Even when construing the record most favorably to Kramer, we cannot ignore the fact that Kramer obtained photographs of the accident scene taken on November 25, 1990, which revealed a sign stating "Entering Nez Perce County." Accordingly, within the first seven months after the accident, Kramer knew or reasonably should have known that part of Reubens Road involved in the accident was in Nez Perce County. This Court has held that "[k]nowledge of facts which would put a reasonably prudent person on inquiry is the equivalent to knowledge of the wrongful act and will start the running of the 120-day period." McQuillen v. City of Ammon, 113 Idaho 719, 722, 747 P.2d 741, 744 (1987); Newlan v. State, 96 Idaho 711, 717, 535 P.2d 1348, 1354 (1975). At a minimum, before the end of 1990 Kramer had sufficient facts which would put a reasonably prudent person on inquiry as to a potential claim against Nez Perce County.
Kramer claims he relied on two letters from the insurance claims adjuster, Corroon, dated respectively October 23 and 29, 1990. Those letters stated that Latah and Lewis County had...
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