Wednesday, September 26, 2012

Summary 2012 WY 126

Summary of Decision September 26, 2012

Justice Burke delivered the opinion for the Court. Reversed.


Docket Number: S-11-0258

Appeal from the District Court of Weston County, Honorable Michael N. Deegan, Judge

Representing Appellant: Brian J. Marvel and Ryan J. Schwartz, Williams, Porter, Day & Neville, P.C., Casper, Wyoming.  Argument by Mr. Schwartz.

Representing Appellee: Terry L. Armitage and Curtis B. Buchhammer, Buchhammer & Kehl, P.C., Cheyenne, Wyoming.  Argument by Mr. Armitage.

Date of Decision: September 26, 2012

Facts: Appellant, Rodney Shafer, was injured when his tractor-trailer collided with a pickup owned by Appellee, TNT Well Service, Inc. (“TNT”), and driven by Melvin Clyde.  Mr. Shafer and his wife, Brenda, brought suit against TNT, asserting theories of negligence and vicarious liability for damages resulting from the accident.  The district court granted summary judgment to TNT on all of the Shafers’ claims.  The Shafers challenge that decision in this appeal. 

Issues: The parties raise the following issues:  Did the district court properly determine there was no genuine issue of material fact that Mr. Clyde’s employment with TNT Well Service, Inc. was terminated prior to the accident?  Should this Court adopt the duty recognized in Restatement (Second) of Torts § 317 and, if so, whether a duty of reasonable care can be imposed on the Appellee under the facts of this case?  Did the district court properly determine that the entrustment of a vehicle to Mr. Clyde was terminated prior to the accident and, if not, is there a genuine issue as to whether the entrustment was negligent?

Holdings: The Court found that summary judgment was erroneously granted with respect to the Shafers’ claims of negligent supervision and negligent entrustment.  Reversed and remanded for further proceedings consistent with this opinion.

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

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