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SEARS v. SOUTHWORTH

No. 14669.

563 P.2d 192 (1977)

Natrone Ward SEARS, Plaintiff, v. Dwain Thomas SOUTHWORTH, Defendant, Third-Party Plaintiff and Appellant, v. The STATE of Utah, DEPARTMENT OF HIGHWAYS, Third-Party Defendant and Respondent.

Supreme Court of Utah.

April 19, 1977.

Attorney(s) appearing for the Case

David B. Havas, of Gale & Havas, Ogden, for appellant.

Lyle J. Barnes, Kaysville, Wallace R. Lauchnor, Salt Lake City, for plaintiff Sears.

Vernon B. Romney, Atty. Gen., Merlin R. Lybbert, Kim R. Wilson, Worsley, Snow & Christensen, Salt Lake City, for respondent.

WILKINS, Justice:

This is an appeal from a dismissal of the third-party complaint of Appellant Southworth (herein "Southworth") against Respondent State of Utah, Department of Highways (herein "State") because of Southworth's failure to comply with the notice of claim requirement set forth in Section 63-30-12, Utah Code Annotated (1953), which is:

A claim against the state or any agency thereof . .. shall be forever barred unless notice thereof is filed with...

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