Summary 2013 WY 66

Summary of Decision May 28, 2013

Justice Burke delivered the opinion for the Court. Reversed and Remanded.

Case Name: TED NOBLES v. MEMORIAL HOSPITAL OF LARAMIE COUNTY, d/b/a UNITED MEDICAL CENTER and d/b/a CHEYENNE REGIONAL MEDICAL CENTER; and THE BOARD OF TRUSTEES OF MEMORIAL HOSPITAL OF LARAMIE COUNTY, d/b/a UNITED MEDICAL CENTER and d/b/a CHEYENNE REGIONAL MEDICAL CENTER

Docket Number: S-12-0054

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Lincoln County, the Honorable Peter G. Arnold, Judge

Representing Appellant: Donald J. Sullivan, Sullivan Law Offices, PC, Cheyenne, Wyoming.

Representing Appellees: Matthew C. Miller and Traci L. Van Pelt, McConnell Fleischner Houghtaling, LLC, Denver, Colorado. Argument by Ms. Van Pelt.

Date of Decision: May 28, 2013

Facts: In this medical malpractice case, the district court granted summary judgment against Appellant, Ted Nobles, and in favor of Appellees (Hospital), after determining that Mr. Nobles did not present his claim within the time specified in the applicable statute of limitations. Mr. Nobles appealed.

Issues: The parties present three issues: Whether the district court erred by failing to apply the continuous treatment rule? Whether the single act exception to the continuous treatment rule is recognized in Wyoming, and if so, whether it applies in this case. Whether the district court erred in granting summary judgment to the Hospital.

Holdings: The district court erred in granting summary judgment in favor of the Hospital and against Mr. Nobles. We decline to adopt the single act exception to the continuous treatment rule. This case is 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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