Justia Wyoming Supreme Court Opinion Summaries

Articles Posted in Injury Law
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Appellant Michael Van Patten was injured while working on a drilling rig. Van Patten filed suit against several of his co-employees, claiming their willful and wanton misconduct caused his injuries. The district court held as a matter of law that the co-employees' acts or omissions were not willful and wanton and granted their motion for summary judgment. Van Patten appealed. In support of his assertion that his co-employees acted willfully and wantonly, Van Patten relied heavily on the company's written policies and after-the-fact statements by upper level employees who were not present on the rig or involved in using the machinery. The Supreme Court affirmed, holding that in light of the testimony of those who were involved, the policies and statements relied upon by Van Patten did not establish a genuine issue of material fact on the question of whether the co-employees knew the operation was dangerous and intentionally disregarded the danger. View "Van Patten v. Gipson" on Justia Law

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In 2006, Will Torres claimed he injured his low back in a slip-and-fall accident at Home Depot where he worked. Torres had suffered two previous injuries to his low back. In January 2007, Torres received an MRI, which a doctor later used to diagnose Torres with multilevel degenerative disease. In August 2007, Torres had surgery performed on his back. Torres sought worker's compensation benefits from the Wyoming Workers' Safety and Compensation Division related to the back surgery. The division denied Torres disability benefits, determining that the surgery was not causally related to the 2006 accident. The division's denial was upheld by the Office of Administrative Hearings and later by the district court. Torres appealed. The Supreme Court affirmed, holding the hearing examiner's determination that Torres had failed to prove a causal relationship between the fusion surgery and the 2006 work incident was not against the overwhelming weight of the evidence. View "Torres v. State ex rel. Wyoming Workers' Safety and Compensation Division" on Justia Law