Harvey v. Dept. of Correction

Summary

The court held that a wrongful death action against the state based on medical negligence must satisfy both the wrongful death statute's two-year limitation and the one-year period attached to authorization to sue the state. Because the plaintiff filed after the authorization period expired, sovereign immunity deprived the trial court of subject matter jurisdiction, and dismissal was proper. The court also concluded that the statutory provision governing the underlying right to sue the state was not displaced by the wrongful death limitation.