Summary 2010 WY 104

Summary of Decision issued July 29, 2010

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

Case Name: Jost, M.D. v. Goss

Citation: 2010 WY 104

Docket Number: S-10-0149

Order Granting Petition for Writ of Review

The matter came before the Court upon a “Petition for Writ of Review.” The Court found it appropriate to rule without further briefing. The court found the petition should be granted and that the “Order Denying Motion to Dismiss” filed by Jost and Memorial Hospital should be reversed in part.
The Court found two problems with the district court’s ruling. First, in the first quoted paragraph, the district court appears to be using the date of discovery of the act, error, or omission as the date of the act, error, or omission. The district court did not determine (even for the limited purpose of a motion to dismiss) the date of the act, error, or omission. That date must be determined before it can be concluded that the Respondents timely filed their governmental claim within the two year period.
In the second paragraph, the Court disagreed with the district court’s statement that the date of discovery of the employment relationship “may be of little consequence.”

Petition for Writ of Review granted; “Order Denying Motion to Dismiss Filed Herein by Defendants Jost and Memorial Hospital” partially reversed and remanded to the district court.

C.J. Kite delivered the decision.

Link: http://tinyurl.com/2fc7ney .

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