Yollin v. City of Glendale

• Decision Date: 05 August 2008
• Docket Number: No. 1 CA-CV 07-0513.,1 CA-CV 07-0513.
• Citation: 191 P.3d 1040,219 Ariz. 24
• Parties: Allan YOLLIN, Plaintiff/Appellant, v. CITY OF GLENDALE, a municipal corporation organized and existing under the laws of the State of Arizona, Defendant/Appellee.
• Court: Arizona Court of Appeals

191 P.3d 1040

219 Ariz. 24

Allan YOLLIN, Plaintiff/Appellant, v. CITY OF GLENDALE, a municipal corporation organized and existing under the laws of the State of Arizona, Defendant/Appellee.

No. 1 CA-CV 07-0513.

Court of Appeals of Arizona, Division 1, Department E.

August 5, 2008.

Wattel & York by Michael L. York, Chandler, Attorneys for Appellant.

Nicholas Dipiazza, Deputy City Attorney, City of Glendale, Chandler, Attorneys for Appellee.

Beaugureau, Zukowski, Hancock, Stoll & Schwartz, P.C. by Amy Schwartz, Shimin Luo, Phoenix, Attorneys for Appellee.

Law Offices of Charles M. Brewer, Ltd., by David L. Abney, Phoenix, Attorney for Amicus Curiae, The Arizona Trial Lawyers Association.

OPINION

KESSLER, Presiding Judge.

¶ 1 Plaintiff Allan Yollin ("Yollin") appeals the decision of the superior court dismissing his personal injury action against defendant City of Glendale ("Glendale"). Yollin alleges error in the court's application of Arizona Revised Statutes ("A.R.S.") section 12-821.01(A) (2003), Arizona's notice of claim statute. We reverse and remand because the court erred in applying the statute.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 Yollin filed a notice of claim with Glendale, alleging personal injury resulting from his fall on a sidewalk slickened by fluid which leaked from a Glendale vehicle. Yollin's notice of claim stated that he suffered "injuries to his head, jaw, back, shoulder[,] and pelvic area." His notice listed the names and affiliations of his treating physicians, explained that his treatment was ongoing, and stated that he had to date incurred damages of $19,400.00 in medical bills. He also claimed lost wages and pain and suffering. Yollin's letter demanded the specific sum of $150,000.00 to settle his claim, expressly stating that in consideration of that sum he would release Glendale and its agents and employees from liability.¹ His letter attached additional materials which would assist Glendale in investigating the complaint, including nearly one hundred pages of medical records detailing his condition, treatment, ongoing suffering, inability to work, and medical bills.

¶ 3 Glendale never responded to the claim notice and Yollin filed a complaint in the superior court to seek recovery for his injury. Glendale moved to dismiss the complaint, alleging failure to comply with the notice of claim statute by not meeting the sum certain requirement and not proffering sufficient facts to support the sum certain. The superior court dismissed the complaint, holding that Yollin's two page letter describing his injuries, along with the attached medical records, did not satisfy the requirements of A.R.S. § 12-821.01(A). Yollin filed a timely notice of appeal, and we have jurisdiction pursuant to A.R.S. § 12-2101(B) (2003).

ISSUES ON APPEAL

¶ 4 Yollin argues that the superior court committed legal error in finding that he did not satisfy the statutory sum certain or supporting facts requirements. Yollin argues that $150,000.00 is a definite and certain sum, and that his two page letter and one hundred pages of medical records support his sum certain demand.²

¶ 5 Glendale contends that Yollin failed to satisfy the sum certain and supporting facts requirements. Specifically, Glendale contends that $150,000.00 is not a definite amount because Yollin may be willing to settle for a different amount and because he stated he gave the amount to intentionally comply with the notice of claim statute. Glendale further contends that Yollin failed to comply with the notice of claim statute because his two page letter and one hundred pages of medical records were not sufficient to support the amount claimed and because the amount is unreasonably high.

ANALYSIS

Standard of Review

¶ 6 While Glendale moved to dismiss the complaint pursuant to Ariz. R. Civ. P. 12(b)(6), Yollin attached his notice of claim and one hundred pages of medical records to his response, which the superior court considered. This converted the motion to one for summary judgment. Ariz. R. Civ. P. 12(b). In reviewing an order granting summary judgment, we construe all facts in support of the opponent of the motion and will affirm only if there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Lemons v. Showcase Motors, Inc., 207 Ariz. 537, 539, ¶ 6, 88 P.3d 1149, 1151 (App.2004).

¶ 7 This case is one of statutory construction. The facts regarding the sufficiency of the notice of claim are undisputed and we review the superior court's decision de novo. Oaks v. McQuiller, 191 Ariz. 333, 334, ¶ 3, 955 P.2d 971, 972 (App.1998). When construing a statute, we have a duty to construe it properly, and are not limited to the constructions proffered by the parties. Odom v. Farmers Ins. Co. of Ariz., 216 Ariz. 530, 535, ¶ 18, 169 P.3d 120, 125 (App.2007); Evenstad v. State, 178 Ariz. 578, 582, 875 P.2d 811, 815 (App.1993). When applying a statute, we strive to give effect to legislative intent. Zamora v. Reinstein, 185 Ariz. 272, 275, 915 P.2d 1227, 1230 (1996). The plain meaning of a statute is the strongest indicator of legislative intent, and anything plain from the face of the statute is finally resolved without need for further inquiry. Deer Valley Unified Sch. Dist. No. 97 v. Houser, 214 Ariz. 293, 296, ¶ 8, 152 P.3d 490, 493 (2007); Rineer v. Leonardo, 194 Ariz. 45, 46, ¶ 7, 977 P.2d 767, 768 (1999). If a statute is not clear, we may infer its meaning from its purpose. Martineau v. Maricopa County, 207 Ariz. 332, 334, ¶ 9, 86 P.3d 912, 914 (App.2004). Finally, we construe a statute as a whole in order to best give effect to the entire statutory scheme. State v. Thomas, 217 Ariz. 413, 416, ¶ 9, 175 P.3d 71, 74 (App.2008); see also Parrot v. DaimlerChrysler Corp., 212 Ariz. 255, 258, ¶ 18, 130 P.3d 530, 533 (2006).

The Notice of Claim Statute

¶ 8 The statutory provision in dispute requires that a notice of claim "shall ... contain a specific amount for which the claim can be settled and the facts supporting that amount." A.R.S. § 12-821.01(A). Yollin stated the specific amount of $150,000.00 for which Glendale could settle the claim, and provided Glendale with a two page summary and one hundred pages of detailed records showing the treatments he received, the cost of the treatments, the type of pain and suffering he experienced, and his inability to work as a massage therapist. We hold that this was sufficient to satisfy both the sum certain and facts supporting requirements of the notice of claim statute. See Deer Valley, 214 Ariz. at 296, ¶ 9, 152 P.3d at 493.

I. Sum Certain

¶ 9 As noted above, the first statutory requirement is that the notice of claim contain an amount for which the claim can be settled. We begin our statutory analysis with the plain meaning rule. See Rineer, 194 Ariz. at 46, ¶ 7, 977 P.2d at 768. We often consult respected dictionaries for the plain meaning of an undefined term in a statute. A.R.S. § 1-213 (2002); Airport Props. v. Maricopa County, 195 Ariz. 89, 99, ¶ 36, 985 P.2d 574, 584 (App.1999). Settlement means "[a]n agreement ending a dispute or lawsuit" or "[p]ayment, satisfaction, or final adjustment." Black's Law Dictionary 1405 (8th ed.2004). The sum certain stated in the notice of claim meets the statutory requirement as long as it gives Glendale the ability to reach "an agreement ending [the] dispute or lawsuit" through "payment [or] satisfaction." "Th[e] language unmistakably instructs claimants to include a particular and certain amount of money that, if agreed to by the government entity, will settle the claim." Deer Valley, 214 Ariz. at 296, ¶ 9, 152 P.3d at 493. Thus, to satisfy the "sum certain" requirement, the claimant must be willing to let the government finally settle the claim by paying the amount demanded in the notice of claim. City of Phoenix v. Fields, No. 1 CA-SA 07-0152, ___ Ariz. ___, ___ P.3d ___, 2008 WL 1796039, at *7, ¶ 19 (Ariz.App. Apr.22, 2008).

¶ 10 Yollin met this requirement. He expressly told Glendale that he would "release the City of Glendale and their agents and employees from any liability associated with th[e] claim" for $150,000.00. While Yollin explained that he was still incurring medical expenses, wage loss and pain and suffering and was willing to negotiate, the terms of the letter were an offer of settlement, and Yollin would have been bound if Glendale had accepted the offer. See Savoca Masonry Co. v. Homes & Son Constr., 112 Ariz. 392, 394, 542 P.2d 817, 819 (1975); Muchesko v. Muchesko, 191 Ariz. 265, 269, 955 P.2d 21, 25 (App.1997) (holding that an attorney-proffered offer may bind the client). Yollin even stated that, although he was willing to negotiate, he meant the $150,000.00 settlement offer to comply with the notice of claims statute— meaning that he intended to be bound by the offer if Glendale accepted it. As such, the sum stated here was even more a sum certain than that found to comply with the statute in Jones v. Cochise County, 187 P.3d 97, ¶¶ 10-12 (App.2008) (involving a claim that characterized amounts as offers to settle that would be withdrawn in sixty days even though the claim also stated that counsel would recommend the stated amounts to the claimant).

¶ 11 The history and purpose of the claim statute coincide with its plain meaning. The legislature enacted the claim statute as part of a movement to subject government to reasonable liability. Andrew Becke, Comment, Two Steps Forward, One Step Back: Arizona's Notice of Claim Requirements and Statute of Limitations Since the Abrogation of State Sovereign Immunity, 39 Ariz. St. L.J. 247, 252-53 (2007). The claim statute protects the government from excess or unwarranted liability and facilitates settlement of claims by allowing the government to investigate the claim, know a certain amount the claimant will settle for, and budget for settlement or payment of large claims. See Deer Valley, 214 Ariz. at 295-96, ¶¶ 6, 9, 152 P.3d at...