Thursday, October 17, 2013

Summary 2013 WY 127

Summary of Decision October 11, 2013

Justice Voigt delivered the opinion for the Court. Affirmed.


Docket Number: S-13-0020


Appeal from the District Court of Sublette County the Honorable Marvin L. Tyler, Judge

Representing Appellants: Nathaniel S. Hibben and Herbert K. Doby, Torrington, Wyoming. Argument by Mr. Hibben.

Representing Appellees: Stephenson D. Emery of Williams, Porter, Day & Neville, P.C., Casper, Wyoming.

Date of Decision: October 11, 2013

Facts: Harold F. “Butch” Vandre, Jr. was severely injured while working for McMurry Ready Mix on a road paving project in Sublette County. He and his wife (collectively “appellants”) filed suit against, inter alia, two co-employee supervisors claiming their willful and wanton misconduct was the cause of the resulting injuries. The district court granted summary judgment in favor of the co-employee supervisors, determining they did not intentionally act to cause physical harm, as defined under Wyo. Stat. Ann. § 27-14-104(a).

Issues: Did the district court err in finding the undisputed material facts failed to establish that the co-employee supervisors possessed knowledge of the hazard or serious nature of the risks that led to the appellant’s injury and willfully disregarded the need to act despite the awareness of the high probability that serious injury may result?

Holdings: No genuine issues of material fact exist and the co-employee supervisors are entitled to judgment as a matter of law. The undisputed facts in this case simply do not demonstrate the type of conduct necessary to impose co-employee liability under Wyo. Stat. Ann. § 27-14-104(a). Affirmed.

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

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