Division II - 14 days is not substantial compliance with 60-day tort claim provision (but it might be....)
Lee wanted to sue Metro Parks, a governmental entity. The law requires you file a notice of tort claim first. You then have to wait sixty days to bring suit. It used to be that you had to wait the full sixty days, and if you filed suit before that, your claim was done. In 2009, the rule was changed, and it allowed “substantial compliance” with procedural rules. The 60 day thing? Yup, that’s procedural.
Turns out Lee served her lawsuit only 14 days after filing the notice of tort claim. Now, in some instances, this may be substantial compliance. The Court hinted that if a governmental entity completed its investigation or had decided to reject or accept or claim, or engaged in settlement negotiations, that it may have been substantial compliance. However, nothing like that was hinted at here. Lee simply filed without any response from Metro Parks. As such, her claim was dismissed.
Read the rules, follow the rules.