Archer v. State ex rel. Wyoming Department of Transportation

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The Supreme Court affirmed the order of the district court ruling that governmental immunity barred Plaintiffs’ claims against the Wyoming Department of Transportation (WYDOT), the City of Riverton (City), and their employees.Plaintiffs’ seven-year-old child was killed after being struck by a vehicle in a crosswalk on her way home from school. The driver of the vehicle held a valid Wyoming driver’s license even though she could not have passed the eye exam, which was administered by a WYDOT employee. Plaintiffs sued the WYDOT, the City, Fremont County School District No. 25, and employees of those governmental entities. The district court dismissed the claims against the school district and its employees and that governmental immunity barred the claims against the remaining defendants. The Supreme Court affirmed, holding (1) the WYDOT’s performance of eye exams does not constitute a public service for which governmental immunity has been waived under Wyo. Stat. Ann. 1-39-108; and (2) the City was not a public utility providing public services for which governmental immunity has been waived under section 1-39-108 when it provided the marked street crossing where the child was struck. View "Archer v. State ex rel. Wyoming Department of Transportation" on Justia Law