Summary 2012 WY 63

Summary of Decision May 1, 2012


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Case Name: FRANK J. JONES v. DAN ARTERY

Docket Number: S-11-0173

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465522

Appeal from the District Court of Platte County, Honorable Jeffrey A. Donnell, Judge

Representing Appellant (Plaintiff/Defendant): Frank J. Jones, pro se

Representing Appellee (Plaintiff/Defendant): Richard A. Mincer and Melissa R. Skorcz of Hirst Applegate, LLP, Cheyenne, Wyoming

Date of Decision: May 1, 2012

Facts: In June 2009, Dan Artery (Artery) was attacked by three Boston terriers that were under the care and responsibility of Frank Jones (Jones) and Amy Bates (Bates). Artery brought an action against Jones and Bates for injuries Artery sustained during the attack. On the morning of trial, Jones admitted one hundred percent liability for the injuries, and the district court dismissed Bates as a defendant. The remaining question of damages was then tried to a jury, and the jury awarded Artery damages in the amount of $13,059.83. Thereafter, the district court, over the objections of Jones, ordered Jones to pay Artery’s costs in the amount of $1,005.20. Jones appeals a portion of the awarded costs.

Issues: Whether the district court abused its discretion in awarding certain costs to Appellee.

Holdings: The Court affirmed in part and reversed in part. The district court abused its discretion in awarding $70.00 for witness subpoena service fees for the vacated November 2010 trial. The Court found no other abuse of discretion in the district court’s award, and remanded for entry of an order awarding costs consistent with this opinion.

Justice Golden delivered the opinion for the court.