Can a notice of claim list deceased persons instead of their heirs? Li v. University of Utah Explained

Background and Facts

In 2003, the University of Utah hosted ten Chinese scholars for an educational program. While traveling to Pennsylvania in a commissioned van, the vehicle rolled over during a snowstorm, killing seven scholars and injuring three. Attorney David Kwass filed a notice of claim under the Utah Governmental Immunity Act listing the deceased scholars’ names rather than their heirs’ names for the wrongful death claims. The State moved for partial dismissal, arguing the notice failed to satisfy statutory requirements.

Key Legal Issues

The central issue was whether a notice of claim that identifies deceased persons rather than their heirs satisfies the strict compliance standard required under the Governmental Immunity Act. The statute requires notices to include a brief statement of facts, nature of the claim, known damages, and be signed by the claimant or their representative, but does not explicitly require listing individual claimant names.

Court’s Analysis and Holding

The Utah Supreme Court applied a correction of error standard and found the notice satisfied all express statutory requirements. The court examined each element: timely filing within one year, brief factual statement, description of the claim’s nature, listing of known damages, proper signature by the attorney, and delivery to the Attorney General’s office. Critically, the court noted the statute does not require listing individual claimant names, only that the notice be signed by the person making the claim or their representative. Since Kwass signed as the heirs’ attorney, the technical requirements were met.

Practice Implications

This decision reinforces that Utah courts require strict compliance with immunity act notice provisions but will not impose requirements beyond the statute’s express language. Practitioners should ensure notices contain all required elements while avoiding speculation about additional requirements. The ruling provides important guidance for wrongful death claims against governmental entities, confirming that proper attorney representation can satisfy notice requirements even when heir identification is imperfect.