Harvey v. Dept. of Correction

Summary

The court held that a wrongful-death action against the state, brought after the decedent had obtained authorization from the Claims Commissioner to sue for medical negligence, had to satisfy both the wrongful-death limitations period and the one-year period attached to the authorization. Because the action was filed after the authorization expired, sovereign immunity deprived the trial court of subject matter jurisdiction. The judgment affirming dismissal was therefore affirmed.