Can governmental immunity notices be served at any attorney general office location? Shafer v. State of Utah Explained

Background and Facts

Katie Shafer sustained injuries while disembarking from a train operated by the Heber Valley Railroad Authority. Following the incident, she mailed a notice of claim by certified mail to the attorney general at 515 East 100 South, Salt Lake City—the address of the child support division rather than the attorney general’s personal office at the State Capitol Building. When the Railroad failed to respond, Shafer filed suit in district court. The Railroad moved to dismiss, arguing that Shafer had not strictly complied with the notice requirements of the Governmental Immunity Act. The trial court granted the motion to dismiss.

Key Legal Issues

The central issue was whether a notice of claim “directed and delivered” to the attorney general at one of his offices, but not his personal office, satisfied the requirements of Utah Code Ann. § 63-30-11(3)(b)(ii)(E). The statute mandated that notices against the State be delivered to the attorney general but did not specify where such notices must be directed when the recipient has multiple addresses.

Court’s Analysis and Holding

The Utah Supreme Court applied statutory construction principles, examining the Act’s purpose of affording public authorities opportunity for proper investigation and timely settlement while avoiding unnecessary litigation costs. The court held that delivery of a governmental immunity notice to the attorney general at any location where he holds himself out as having a presence satisfies both the Act’s purpose and strict compliance requirements. The nature of work performed at the specific office location was deemed immaterial—what mattered was that the attorney general maintained a presence there.

Practice Implications

This decision provides important guidance for practitioners handling governmental immunity claims. Attorneys need not identify the attorney general’s personal office location when serving notices of claim. Service at any official office where the attorney general maintains a presence will satisfy statutory requirements, including specialized division offices throughout the state.