Friday, June 29, 2012

Summary 2012 WY 92

Summary of Decision June 27, 2012

Justice Golden delivered the opinion for the Court. Affirmed.


Docket Number: S-11-0254

Appeal from the District Court of Sweetwater County, Honorable Jere A. Ryckman, Judge

Representing Appellant (Plaintiff/Defendant): Michael Stulken, Attorney at Law, Green River, Wyoming

Representing Appellee (Plaintiff/Defendant): James K. Lubing and Leah K. Corrigan of Lubing & Corrigan, LLC, Jackson, Wyoming. Argument by Ms. Corrigan.

Date of Decision: June 27, 2012

Facts: In July 2008, Monica Claman (Claman) purchased a house in Rock Springs, Wyoming, from Jean Popp (Popp). In September 2008, Claman filed an action against Popp based on subsidence-caused defects in the house. The district court entered summary judgment against Claman on her breach of contract and negligent misrepresentation claims, and following a bench trial, it entered judgment against her on her fraudulent inducement claim.

Issues: Claman presents the following issues on appeal:

1. Whether the trial court appropriately entered summary judgment against Appellant as to her breach of contract claim.

2. Whether the trial court appropriately entered summary judgment against Appellant as to her claim for negligence/negligent misrepresentation.

3. The legal conclusions reached by the district court as to the facts presented relating to the Appellee’s claims to the Wyoming Department of Environmental Quality were improper.

Holdings: The district court’s summary judgment against Claman’s breach of contract and negligent misrepresentation claims was in accordance with law and the undisputed facts. The Court also concluded that the court’s findings of fact on Claman’s fraudulent inducement claim were not clearly erroneous and its conclusions and order were in accordance with law. Affirmed.

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

[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]

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