(concurring):
22 Unlike the majority, I have no relue-tance whatsoever in affirming the trial court, and cannot agree with my colleagues' broader interpretation of Moreno v. Bd. of Educ., 926 P.2d 886 (Utah 1996).
{23 There is no question here that Great West did not file a notice of claim. Thus, only by bootstrapping itself onto Morris's notice of claim may Great West maintain its lawsuit against UDOT. Accordingly, Great West suggests that under the Moreno case, Great West may step into Morris's shoes as the real party in interest regarding the property damage claim. Great West analogizes from Moreno because in that case, although the Morenos' notice of claim was filed on their own behalf, the supreme court ruled the notice was "legally sufficient to support the maintenance of this wrongful death action" by the child's natural mother. Moreno, 926 P.2d 886, 892 (separate opinion of Howe, J., joined by Stewart, Associate C.J., and Durham, J.). The supreme court reasoned that "Iglince [Utah Code Aun. § ] 78-11-6 authorizes a guardian to maintain an action for the wrongful death of his ward, it follows that the guardian has the authority to file the prerequisite notice of claim." Id.
[ 24 The majority's interpretation of More-mo accepts the analogy, and seems to stand for the proposition that one party's notice of claim would be allowed to cover a party who did not file a notice of claim when each party has standing to pursue the same claim. Nevertheless, the holding in Moreno is readily distinguishable from our case. Great West has asserted no statutory or other legal basis, as the Morenos had, under which Morris was authorized to maintain an action or file a notice of claim for Great West. Thus, the supreme court in Moreno did not articulate a "substantial compliance" standard, but rather allowed one party's notice of claim to cover a party who did not file a notice of claim only when the first party was legally authorized (e.g., by statute) to bring a lawsuit on behalf of the second party. See Moreno, 926 P.2d at 892. Great West therefore may not piggyback on Morris's notice of claim to avoid the responsibility of filing its own notice. This comports with the case law mandating strict compliance with the Governmental Immunity Act's notice-of-claim provisions. See Rushton v. Salt Lake County, 1999 UT 36, ¶ 19, 977 P.2d 1201; Moreno, 926 P.2d at 891.
25 Accordingly, I conclude the trial court correctly granted UDOT's motion for summary judgment against Great West. I would affirm without reluctance.