Summary 2013 WY 69

Summary of Decision June 5, 2013

Justice Voigt delivered the opinion for the Court. Reversed.

Case Name: TRINITY ST. JOHN a/k/a TRINITY POPE v. JOSHUA G. WAGNER, DDS, PC, d/b/a DENTAL CARE OF JACKSON HOLE

Docket Number: S-12-0188

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

Appeal from the District Court of Teton County The Honorable Timothy C. Day, Judge

Representing Appellant: Ryan R. Shaffer and Robert L. Stepans of Meyer, Shaffer & Stepans, PLLP, Jackson, Wyoming. Argument by Mr. Shaffer.

Representing Appellee: Lena K. Moeller and Jodanna L. Haskins of White & Steele, P.C., Denver, Colorado. Argument by Ms. Haskins.

Date of Decision: June 5, 2013

Facts: Trinity St. John (the appellant), sought dental care from Dr. Joshua Wagner (the appellee). Following a claim by the appellee alleging breach of contract, the appellant responded with a number of counterclaims, including a claim based on the Wyoming Consumer Protection Act (WCPA). The district court dismissed all of the appellant’s claims, ruling that they were time barred by the statute of limitations. The appellant now appeals the dismissal of her WCPA claim.

Issues: Is a WCPA claim alleging unfair and deceptive trade practices by a dentist subject to Wyoming’s two-year professional malpractice statute of limitations?

Holdings: The appellant’s WCPA claim alleges that the appellee committed unfair and deceptive trade practices by compelling the appellant to obtain a credit card from a particular credit card company to settle her account. Such a claim is not based on the rendering of professional or health care services and, therefore, the two-year statute of limitations for professional malpractice is inapplicable. We reverse the district court’s order of dismissal and remand the case to the district court 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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