Summary 2009 WY 69

Summary of Decision issued May 28, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Lucky Gate Ranch, LLC v. Baker & Assoc., Inc.

Citation: 2009 WY 69

Docket Number: S-08-0096

Appeal from the District Court of Goshen County, the Honorable Keith G. Kautz, Judge.

Representing Appellant Lucky Gate Ranch, LLC: Lucas Buckley, Matthew Kaufman and Michael Rosenthal, Hathaway & Kunz, PC, Cheyenne, Wyoming.

Representing Appellee Baker: Richard Mincer and Lindsay Woznick, Hirst Applegate, LLP, Cheyenne, Wyoming.

Facts/Discussion: Lucky Gate Ranch filed suit against Baker seeking damages resulting from Baker’s failure to provide engineering and surveying services.

Statute of Limitations: The Court previously stated in Ogle that where an injury is sustained in consequence of the wrongful act of another, and the law affords a remedy, the statute of limitations attaches at once. In the instant case, Lucky Gate knew in May of 2005 that it had incurred damages as a result of Baker’s failure to perform. Lucky Gate's attorney demanded a refund on that date for the amount Lucky Gate previously paid to Baker. As of that date, Lucky Gate had discovered the wrongful conduct and was aware that it had been damaged. The statute of limitations had attached and the cause of action had accrued on or before that date. The limitation period was not extended because other damages had not yet occurred.
Equitable Estoppel: The doctrine of equitable estoppel precludes the defendant from asserting the statute of limitations in appropriate circumstances. However, in the instant case, the Court stated the undisputed facts presented did not satisfy the elements of equitable estoppel.

Conclusion: Whether the statute of limitations set forth in Wyo. Stat. Ann. § 1-3-107 began to run on the date of the “act, error or omission” or on the date the cause of action “accrued”, the lawsuit was untimely. In determining equitable estoppel, Lucky Gate must have established that its delay in filing suit was induced by Baker. There was no evidence that Baker took any action that induced Lucky Gate to delay initiating the litigation.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/kpgz4y .

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