Tuesday, March 27, 2012

Summary 2012 WY 46

Summary of Decision March 27, 2012

[SPECIAL NOTE:  This opinion uses the "Universal Citation."  It was given an "official" citation when it was issued.  You should use this citation whenever you cite the opinion, with a P.3d parallel citation.  You will also note when you look at the opinion that all of the paragraphs are numbered.  When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number.  The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance] 

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


Docket Number: S-11-0189

Appeal from the District Court of Sheridan County, Honorable John G. Fenn, Judge

Representing Appellant (Plaintiff/Defendant):  Jeffrey J. Gonda and Amanda K. Roberts of Lonabaugh and Riggs, LLP, Sheridan, Wyoming.  Argument by Ms. Roberts and Mr. Gonda.

Representing Appellee (Plaintiff/Defendant): George E. Powers, Jr. and J. Zachary Courson of Sundahl, Powers, Kapp & Martin LLC, Cheyenne, Wyoming.  Argument by Mr. Powers.

Date of Decision: March 27, 2012

Facts: The appellant, Denise Mendenhall (Mendenhall), was injured when she was involved in a motor vehicle accident.  The other vehicle involved in the accident, a 1997 Ford truck, was listed on two different insurance policies:  an Allstate Insurance Company (Allstate) policy issued to Jeremy Lucas (Lucas) and a Mountain West Farm Bureau Mutual Insurance Company (Mountain West) policy issued to Wyoming Electric Company, Inc. (Wyoming Electric).  The Appellee, Mountain West, filed a complaint for declaratory judgment, requesting that the district court find that Mountain West did not have to cover the truck under the policy because the person driving the truck at the time could not be considered an “insured.”  Mendenhall and Mountain West filed cross-motions for summary judgment.  The district court granted summary judgment in favor of Mountain West, finding that the owner of Wyoming Electric had given the truck to Lucas and, therefore, the truck was no longer covered under the company’s insurance policy.  Mendenhall appeals the district court’s decision, arguing that Mountain West should be required to pay under the policy because the truck was titled and registered in the name of Wyoming Electric, and was still listed as a specific vehicle on the Mountain West policy. 

Issues: Whether the district court erred when it determined that ownership of the 1997 Ford truck passed by an inter vivos gift from Wyoming Electric to Lucas before the date of the accident.

Holdings:  Ownership of the 1997 Ford truck passed from Nelson to Lucas via an inter vivos gift in January 2008, and before Mendenhall was injured.  Therefore, on the date of the accident, Wyoming Electric no longer owned the truck and it was no longer covered under the Mountain West insurance policy.  The district court did not err when it determined that Mountain West did not have to cover Mendenhall’s injuries. Affirmed.

Justice Voigt delivered the opinion for the court.

No comments:

Check out our tags in a cloud (from Wordle)!