Hall v. Park County

VOIGT, Justice.

[T1] This is an appeal from a district court order dismissing the appellant's complaint for lack of subject matter jurisdiction. Finding no error, we similarly dismiss this appeal.

ISSUE

[¶ 2] Whether the savings statute, Wyo. Stat. Ann. § 1-8-118 (LexisNexis 2009), applies to actions brought under the Wyoming Governmental Claims Act (WGCA) Wyo. Stat. Ann. § 1-89-114 (LexisNexis 2009)?

STANDARD OF REVIEW

[13] Jurisdictional issues, being questions of law, are reviewed de novo. Jauregui v. Mem'l Hosp. of Sweetwater Co., 2005 WY 59, ¶ 4, 111 P.3d 914, 916 (Wyo.2005); Wilson v. Town of Alpine, 2005 WY 57, ¶ 4, 111 P.3d 290, 291 (Wyo.2005). If the district court lacked subject matter jurisdiction, this Court has jurisdiction on appeal, not on the merits, but only as to the jurisdictional issue. NMC v. JLW ex rel. NAW, 2004 WY 56, ¶ 9, 90 P.3d 93, 96 (Wyo.2004). The absence of subject matter jurisdiction makes dismissal, rather than affirmance, the proper course. Motley v. Platte County, 2009 WY 147, ¶ 3, 220 P.3d 518, 520 (Wyo.2009).

*582[14] In turn, our standard of review for questions of statutory interpretation is as follows:

In interpreting statutes, our primary consideration is to determine the legislature's intent. All statutes must be construed in pari materia and, in ascertaining the meaning of a given law, all statutes relating to the same subject or having the same general purpose must be considered and construed in harmony. Statutory construction is a question of law, so our standard of review is de novo. We endeavor to interpret statutes in accordance with the legislature's intent. We begin by making an inquiry respecting the ordinary and obvious meaning of the words employed according to their arrangement and connection. We construe the statute as a whole, giving effect to every word, clause, and sentence, and we construe all parts of the statute in pari materia. When a statute is sufficiently clear and unambiguous, we give effect to the plain and ordinary meaning of the words and do not resort to the rules of statutory construction. Wyoming Board of Ouitfitters and Professional Guides v. Clark, 2001 WY 78, ¶ 12, 30 P.3d 36, 112 (Wyo.2001); Murphy v. State Canvassing Board, 12 P.3d 677, 679 (Wyo.2000). Moreover, we must not give a statute a meaning that will nullify its operation if it is susceptible of another interpretation. Billis v. State, 800 P.2d 401, 413 (Wyo.1990) (citing McGuire v. McGuire, 608 P.2d 1278, 1283 (Wyo0.1980)).
Moreover, we will not enlarge, stretch, expand, or extend a statute to matters that do not fall within its express provisions. Gray v. Stratton Real Estate, 2001 WY 125, ¶ 5, 836 P.3d 1127, ¶ 5 (Wyo.2001); Bowen v. State, Wyoming Real Estate Commission, 900 P.2d 1140, 1143 (Wyo.1995).
Loberg v. Wyo. Workers' Safety & Comp. Div., 2004 WY 48, ¶ 5, 88 P.3d 1045, ¶ 5 (Wyo.2004) (quoting Board of County Comm'rs of Teton County v. Crow, 2003 WY 40, ¶¶ 40-41, 65 P.3d 720, ¶¶ 40-41 (Wyo.2003)). Only if we determine the language of a statute is ambiguous will we proceed to the next step, which involves applying general principles of statutory construction to the language of the statute in order to construe any ambiguous language to accurately reflect the intent of the legislature. If this Court determines that the language of the statute is not ambiguous, there is no room for further construction. We will apply the language of the statute using its ordinary and obvious meaning.

State v. Hanover Compression, LP, 2008 WY 138, ¶ 8, 196 P.3d 781, 784 (Wyo.2008) (quoting BP Am. Prod. Co. v. Wyo. Dep't of Revenue, 2005 WY 60, ¶ 15, 112 P.3d 596, 604 (Wyo.2005)).

FACTS

[¶ 5] On October 31, 2007, Hall's minivan was struck by a County road grader. Hall presented a claim to the County on February 22, 2008, seeking compensation for personal injury and property damages. On February 20, 2009, Hall filed a complaint against the County based upon that claim. The County responded to Hall's complaint with a motion to dismiss pursuant to W.R.C.P. 12(b)(1), asserting that the district court lacked subject matter jurisdiction because the complaint did not allege that Hall's claim complied with the requirements of Article 16, § 7 of the Wyoming Constitution. The motion was heard on June 5, 2009, with a decision letter following on July 20, 2009, and an Order Dismissing Complaint With Prejudice filed on July 28, 2009. The dismissal was with prejudice because the one-year period of limitations for bringing an action under the WGCA, found at Wyo. Stat. Ann. § 1-89-114, had passed, leaving Hall time-barred from bringing another action.

[¶ 6] Hall did not appeal the dismissal of her complaint, which means, of course, that that dismissal is not now before this Court. Instead, on July 27, 2009, Hall filed a new complaint in a separate civil action, with the same averments of her first complaint, but with additional language alleging compliance with the state constitution, and with a copy of her governmental claim attached. As before, the County responded with a motion to dismiss, this time based, inter alia, on the period of limitations found in Wyo. Stat. Ann. *583§ 1-39-114.1 The district court heard the second motion to dismiss on October 9, 2009, and on October 19, 2009, issued a second Order Dismissing Complaint With Prejudice. The conclusions upon which the second dismissal was based were as follows:

1. This Court does not have subject matter jurisdiction since the Complaint herein was not filed within one year of the date the Notice of Claim was submitted to Defendant Park County. W.8. § 1-89-114 (LexisNexis 2009).
2. The Savings Statute does not apply to the facts of this case. The Savings Statute is not a substitute for an appeal.

It is from this order that Hall now appeals.

WYO. STAT. ANN. § 1-39-114

[¶ 7] The relevant period of limitations from the Wyoming Governmental Claims Act is found at Wyo. Stat. Ann. § 1-89-114, which statute reads as follows:

Except as otherwise provided, actions against a governmental entity or a public employee acting within the scope of his duties for torts occurring after June 30, 1979 which are subject to this act shall be forever barred unless commenced within one (1) year after the date the claim is filed pursuant to W.S. 1-39-118. In the case of a minor seven (7) years of age or younger, actions against a governmental entity or public employee acting within the scope of his duties for torts occurring after June 30, 1979 which are subject to this act are forever barred unless commenced within two (2) years after occurrence or until his eighth birthday, whichever period is greater. In no case shall the statute of limitations provided in this section be longer than any other applicable statute of limitations. In the absence of applicable insurance coverage, if the claim was properly filed, the statute shall be tolled forty-five (45) days after a decision by the entity, if the decision was not made and mailed to the claimant within the statutory time limitation otherwise provided herein.

(Emphasis added.)

WYO. STAT. ANN. § 1-3-118

[T8] The "savings statute" is found at Wyo. Stat. Ann. § 1-8-118, which statute reads as follows:

If in an action commenced in due time a judgment for the plaintiff is reversed, or if the plaintiff fails otherwise than upon the merits and the time limited for the commencement of the action has expired at the date of the reversal or failure, the plaintiff, or his representatives if he dies and if the cause of action survives, may commence a new action within one (1) year after the date of the failure or reversal. This provision also applies to any claim asserted in any pleading by a defendant.

DISCUSSION

[19] Before discussing the issue at hand, we will note briefly that, there having been no appeal from the dismissal of the first complaint, and the second dismissal not having been based upon the substance of the second complaint, the question of whether or not either complaint complied with statutory or constitutional requirements is not before the Court. In addition, the determination that the savings statute does not apply to the period of limitations found in the WGCA forecloses any need to consider another issue raised by the parties, that being whether a dismissal with prejudice is an adjudication on the merits under the savings statute.2

[110] It is uncontroverted that, under the WGCA, immunity is the rule, and liability the exception. State, Dep't of Corrections v. Watts, 2008 WY 19, 20, 177 P.3d *584793, 798 (Wyo.2008); DeWald v. State, 719 P.2d 643, 646 (Wyo.1986); Lawrence J. Wolfe, Comment, Wyoming's Governmental Claims Act: Sovereign Immunity with Exceptions-A Statutory Analysis, XV Land & Water L.Rev. 619, 628 (1980). Specifically, Wyo. Stat. Ann. § 1-89-104(a) (LexisNexis 2009), provides in pertinent part as follows:

(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by [this Act].

[T11] This Court has not previously considered the issue, but other courts have held that, absent specific statutory provision to the contrary, the doctrine of immunity precludes application of the savings statute in cases involving governmental claims. Seq, eg., Davidson v. Lewis Bros. Bakery, 227 S.W.3d 17, 19-20 (Tenn.2007) (sovereign immunity bars application of savings statute); Lynn v. City of Jackson, 63 S.W.3d 332, 337 (Tenn.2001) (sovereign immunity bars application of savings statute); Yonkers Contracting Co., Inc. v. Port Authority Trans-Hudson Corp., 93 N.Y.2d 375, 690 N.Y.S.2d 512, 712 N.E.2d 678, 680-81 (1999) (sovereign immunity bars application of savings statute); 51 Am.Jur2d Limitation of Actions § 278 (2000); and 54 C.J.8. Limitations of Actions § 350 (2010). Where sovereign immunity is not the rule, or where a statute allows application of the savings statute to governmental claims, courts have allowed application of the savings statute. Seq, eg., Carroll v. City of Worcester, 42 Mass.App.Ct. 628, 678 N.E.2d 1344, 1345-46 (1997) (neither the governmental claims act nor the savings statute precluded application of the latter to the former); and Cruse v. Bd. of County Comm'rs of Atoka County, 910 P.2d 998, 1000-1003 (Okla.1995) (savings statute applied to seetion of governmental claims act where phrase "shall be forever barred" was not used).3

[¶12] The language of Wyo. Stat. Ann. § 1-39-114 could not be more clear: actions against governmental entities are "forever barred" unless commenced within one year after presentment of the claim. There was no appeal of the dismissal of the first district court case filed by Hall, and the second district court case filed by Hall was filed outside the statutory period of limitations. Under the specific language of the statute, and in the particular cireumstance of sovereign immunity being the WGCA's "default position," the second suit was time barred. The "closed ended" WGCA does not provide for liability beyond its specific provisions, and there is no provision within the WGCA for application of the savings statute, which is not part of the Act, to causes of action thereunder. The provisions of the more specific WGCA take precedence over the provisions of the more general savings statute. See Prokop v. Hockhalter, 2006 WY 75, ¶ 14, 137 P.3d 131, 185 (Wyo.2006) (specific statute of limitations for professionals governs over more general statute of limitations); see also Schafer v. State, 2008 WY 149, ¶ 12, 197 P.3d 1247, 1250 (Wyo.2008) (specific statute controls over general statute in criminal context); Quest Corp. v. PSC of Wyo., 2007 WY 97, 132, 161 P.3d 495, 503 (Wyo.2007) (PSC authority under specific statute controls over authority granted in more general statute); and Thunderbasin Land, Livestock & Inv. Co. v. County of Laramie, 5 P.3d 774, 782 (Wyo.2000) (specific statute governing county roads controls over general administrative procedure statutes). Had the legislature intended that the period for filing an action under Wyo. Stat. Aun. § 1-89-114 be tolled in the cireumstances covered by the savings statute, it would have said so in the statute, as it did for actions involving children seven years of age or younger, and actions involving untimely responses by governmental entities to presented claims.

[¶ 13] As stated above, we have noted many times that sovereign immunity was *585abrogated by the Wyoming legislature only as strictly outlined in the WGCA. The courts of Wyoming do not have jurisdiction over governmental claims that do not meet the conditions of the Act.4 The appellant's see-ond complaint was not filed within the specific period of limitations set forth in Wyo. Stat. Ann. § 1-89-114, and therefore, the district court never obtained jurisdiction over the action.

CONCLUSION

[¥14] The savings statute, Wyo. Stat. Ann. § 1-3-118, does not apply to actions filed under the WGCA, Wyo. Stat. Aun. § I-39-114. Consequently, the district court correctly determined that it did not have subject matter jurisdiction over Hall's second civil action, and correctly dismissed the same. This appeal is, likewise, dismissed.

VOIGT, J., delivers the opinion of the Court; KITE, C.J., files a dissenting opinion in which BURKE, J., joins.

. In the instant case, the pertinent occurrences are the presentment of the claim to the County on February 22, 2008, the passage of one year from that date on February 22, 2009, and the filing of the second complaint on July 27, 2009.

. See Rawlinson v. Wallerich, 2006 WY 52, ¶ 10, 132 P.3d 204, 207 (Wyo.2006); Eklund v. PRI Envtl., Inc., 2001 WY 55, ¶ 17, 25 P.3d 511, 517 (Wyo.2001); W.R.C.P. 41(b)(1); Yorkers Contracting Co., Inc. v. Port Authority Trans-Hudson Corp., 93 NY.2d 375, 690 N.Y.S.2d 512, 712 N.E.2d 678, 680-81 (1999); Moulton-Garland v. Cabletron Sys., Inc., 143 N.H. 540, 736 A.2d 1219, 1221 (1999); Gilbreath v. Brewster, 250 Va. 436, 463 S.E.2d 836, 837-38 (1995); and 54 C.J.S. Limitations of Actions § 347 (2010).

. The majority in Cruse did note that not all courts agreed with it. Id. at 1000 n. 1. Furthermore, iwo justices dissented on the ground that the period of limitations in the governmental claims act was substantive in character, and was a condition upon the right created by the act, rather than a true statute of limitations. Id. at 1005-1008 (Opala, J., dissenting). For this Court's similar analysis of the period of limitations for the presentment of governmental claims found in Wyo. Stat. Ann. § 1-39-113 (LexisNexis 2009), see Bell v. Schell, 2004 WY 153, ¶¶ 25-36, 101 P.3d 465, 472-76 (Wyo.2004).

. One brief note in regard to the dissenting opinion: This Court has for years construed the WGCA as "closed-ended," with governmental liability specifically delimited by the mandates of the Act. One of those mandates is the "forever barred" language of Wyo. Stat. Ann. § 1-39-114. In the instant case, the majority opinion conforms to that precedent by concluding that, had the legislature intended for the savings statute to apply to WGCA actions, it would have added that exception to those set forth in Wyo. Stat. Ann. § 1-39-114. The dissenting justices, applying rules of statutory construction a bit differently, conclude that, had the legislature not wanted the savings statute to apply to actions filed under the WGCA, it would have said so. Both interpretations are plausible. The Court would welcome legislative guidance in this regard inasmuch as it is legislative intent that we are trying to determine.