Articles Posted in Personal Injury

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The Supreme Court reversed the district court’s ruling granting summary judgment against FedEx Ground Package System, Inc. on Mariusz Bogdanski’s claim of vicarious liability of the claimed negligence of Damian Budzik and remanded the case to the district court for further proceedings. Bogdanski and Budzik were codrivers of a semi-truck that was involved in an accident in Evanston, Wyoming. The codrivers were hauling trailers owned by FedEx. Bogdanski sued Budzik, seeking damages for Budzik’s claimed negligence. Bogdanski also sued FedEx. The district court granted summary judgment in favor of Budzik and FedEx. The Supreme Court (1) affirmed the summary judgment in favor of Budzik and the summary judgment on Bogdanski’s direct negligent training claim; but (2) reversed the summary judgment against FedEx on the vicarious liability for claimed negligence claim, holding that the evidence was sufficient to raise a genuine issue as to whether Budzik breached a duty. View "Bogdanski v. Budzik" on Justia Law

Posted in: Personal Injury

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The Supreme Court consolidated Plaintiffs’ petitions for writ of review from the circuit court’s decisions granting Defendant summary judgment on Plaintiffs’ separate claims asserting invasion of privacy, granted the petitions, and reversed and remanded for further proceedings. In granting summary judgment for Defendant, the circuit court concluded that Wyoming does not recognize a cause of action for Plaintiffs’ privacy claims. Plaintiffs asked the Supreme Court to recognize a common law cause of action for the invasion of privacy tort defined by the Restatement (Second) of Torts, section 652B, as intrusion upon seclusion. The Supreme Court agreed with Plaintiffs, holding (1) the Restatement cause of action for intrusion upon seclusion is consistent with the value the state places on privacy; and (2) therefore, the tort is now recognized as part of Wyoming’s common law. View "Howard v. Aspen Way Enterprises, Inc." on Justia Law

Posted in: Personal Injury

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The Supreme Court reversed the judgment of the district court granting summary judgment for Plains Tire & Battery, Co. in this case filed by Cindy and William Williams alleging that Plains was negligent in failing to maintain the area outside its store in a reasonably safe condition, leading Cindy to slip and fall. In granting summary judgment for Plains, the district court found that Plaintiffs failed to present a genuine issue of material fact as to whether Plains breached a duty to maintain its property in a reasonably safe condition. The Supreme Court disagreed and remanded the case, holding that Plaintiffs raised genuine issues of material fact. View "Williams v. Plains Tire & Battery Co., Inc." on Justia Law

Posted in: Personal Injury

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In this case alleging that Memorial Hospital of Sweetwater County was vicariously liable for the acts or omissions of a physician who worked at the hospital as an independent contractor, the Supreme Court reversed the judgment of the district court finding that the Hospital waived its immunity by purchasing liability insurance. The Hospital had moved for summary judgment on the ground that the physician was not a Hospital employee, and therefore, the Hospital was immune from liability for his acts or omissions. The district court denied the Hospital’s motion, finding that the Hospital waived its immunity to ostensible agency claims under the insurance exception at Wyo. Stat. Ann. 1-39-118(b). The Supreme Court reversed, holding (1) the Hospital’s liability insurance did not provide coverage for liability beyond the liability defined by the Wyoming Governmental Claims Act, and (2) the Hospital’s liability insurance therefore did not extend the Hospital’s liability to include liability for its apparent agents. View "Memorial Hospital of Sweetwater County v. Menapace" on Justia Law

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The Supreme Court reversed the district court’s order denying Kindred Nursing and Rehabilitation - Wind River’s motion to compel arbitration in this wrongful death action. Aletha Boyd died following her discharge from Kindred. Aletha’s daughter, Susan Boyd, filed this action alleging that Kindred’s negligence in caring for Aletha caused her death. Kindred moved to compel arbitration pursuant to an alternative dispute resolution (ADR) agreement signed by Leanna Putman, Aletha’s other daughter and representative under a power of attorney at the time of Aletha’s admission into the nursing home. The district court denied the motion without providing reasons for doing so. The Supreme Court remanded with instructions to order arbitration as required by the ADR agreement, holding (1) Putnam had the authority to sign the ADR agreement on Aletha’s behalf; and (2) the ADR was neither unconscionable nor lacked mutuality of assent or sufficient consideration. View "Kindred Heathcare Operating, Inc. v. Boyd" on Justia Law

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Due to deficiencies in this pro se appeal filed by Appellant, the Supreme Court summarily affirmed the district court’s dismissal of Appellant’s complaint. Appellant, a former project engineer at Sinclair Wyoming Refining Company, filed a complaint against certain Sinclair defendants, asserting fraud in the inducement and execution, breach of contract, and malicious destruction of property. The Sinclair defendants filed a motion to dismiss. Appellant filed timely to respond to the motion. The district court granted the motion to dismiss without a hearing. The Supreme Court summarily affirmed, holding that Appellant did not adequately comply with the Wyoming Rules of Appellate Procedure. View "Cor v. Sinclair Services Co." on Justia Law

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Larry Hurst was killed and Sara Hurst was seriously injured while riding their bicycles after a vehicle driven by Hannah Terry struck each of their bicycles. The Hurst filed a claim with their uninsured motorist insurance carrier, Metropolitan Property and Casualty Insurance Company (MetLife), which contended that the injuries to the Hursts were the result of one accident, resulting in a maximum of $300,000 in coverage. The Hursts, however, argued that their injuries were the result of two accidents, warranting $600,000 in coverage. The district court granted summary judgment in favor of MetLife, concluding that there was only one accident for purposes of determining the amount of uninsured motorist coverage. The Supreme Court reversed, holding that the record was insufficient for a legal conclusion as to whether Terry maintained or regained control of her vehicle during the collisions with the Hursts, and therefore, summary judgment was improperly granted and the matter must be remanded for trial. View "Hurst v. Metropolitan Property & Casualty Insurance Co." on Justia Law

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The Supreme Court affirmed the district court’s affirmance of the decision of the Medical Commission, which upheld the Wyoming Workers’ Compensation Division’s denial of benefits to James Boyce. Boyce suffered an inguinal hernia while working. Boyce received workers’ compensation benefits to cover that injury, but the Division denied benefits for subsequently discovered conditions in Boyce’s lumbar spine. The Supreme Court agreed with the decisions below, holding that the Medical Commission did not act unreasonably or contrary to the overwhelming weight of the evidence in rejecting the opinion of Boyce’s medical expert and concluding that Boyce failed to prove that his work injury caused his need for subsequent spinal surgery. View "Boyce v. State ex rel. Department of Workforce Services" on Justia Law

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The Supreme Court affirmed the Medical Commission’s denial of additional temporary total disability benefits to Appellant. The Commission denied benefits after a contested case hearing, concluding that Appellant’s persistent back problems were the result of a preexisting degenerative condition and that Appellant failed to establish an increase in incapacity to a reasonable degree of medical certainty due solely to a work injury. The district court upheld the Commission’s decision. The Supreme Court affirmed, holding (1) there was substantial evidence to support the Commission’s conclusion that Appellant was not entitled to benefits under Wyo. Stat. Ann. 27-14-605; (2) the Commission did not misapply the second compensable injury rule; and (3) there was substantial evidence to support the Commission’s conclusion that Appellant did not suffer a second compensable injury. View "Kebschull v. State ex rel. Department of Workforce Services, Workers’ Compensation Division" on Justia Law

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Collateral estoppel is not given effect to an uncontested Wyoming Workers’ Compensation Division (Division) determination denying workers’ compensation benefits even when the denial is based on a finding that the employee did not suffer a compensable injury. Lea Porter, through her employer, submitted a report of injury to the Division, by which Porter reporter an injury to her left knee. The Division issued to Porter final determination informing her that it would not approve payments of benefits upon its determination that the injury was not a work-related injury. Porter did not object to the final determination or request a hearing but did object to a later final determination of the Division that denied payment of costs related to an MRI of her left knee. The Office of Administrative Hearings granted summary judgment for the Division, concluding that Porter could not challenge the denial of benefits for the MRI because she did not object to the Division’s earlier determination that her injury was not work related. The district court affirmed. The Supreme Court reversed, holding that Porter’s failure to object to the Division’s compensability determination did not preclude her objection to the Division’s final determination denying benefits to cover her MRI costs. View "Porter v. State ex rel. Department of Workforce Services" on Justia Law