· 12/1/2003
Finnie v. Jefferson County School District R-1
Citations
- 79 P.3d 1253
- 2003 WL 22835572
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that, although the notice provisions of section 24-10- 109(1), C.R.S. 2018, create a jurisdictional prerequisite to suit while the notice provisions of section 24-10-109(3
- noting that a statute that set out “jurisdictional prerequisite[s] to suit” demands strict compliance with its terms
- noting that the notice requirement in subsection 1 is jurisdictional
- analyzing whether a statute that required notice to be served on one of three different governmental individuals or entities could be satisfied by service on the Risk Management Department of one of those entities
- saying the purpose of this notice requirement is to “avoid[ ] prejudice to the governmental entity, encourag[e] settlement, and provid[e] public entities the opportunity to investigate claims, remedy conditions, and prepare defense of claims”
- “Allowing public entities to mislead plaintiffs about how to meet the requirements of the notice provision, and then to assert the affirmative defense of noncompliance, is beyond the legitimate purposes of the [C]GIA’s notice provision.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Martinez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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