Thursday, November 21, 2013

Summary 2013 WY 144

Justice Hill delivered the opinion of the Court. Affirmed.


Docket Number: S-13-0100


Appeal from the District Court of Laramie County the Honorable Thomas T.C. Campbell, Judge

Representing Appellant: Ronald G. Pretty, Cheyenne, WY.

Representing Appellee: Sean W. Scoggin of McKellar, Tiedeken & Scoggin, LLC, Cheyenne, WY.

Date of Decision: November 21, 2013

Facts: In 2011, Richard Reynolds filed a complaint against Christopher Bonar claiming personal injuries arising from a motor vehicle accident. That complaint was dismissed without prejudice for failure to comply with discovery orders. In 2012, Reynolds re-filed his complaint against Bonar. Reynolds’ second complaint was dismissed for failure to comply with discovery, this time with prejudice.

Issue: Did the Court have authority to dismiss [Reynolds’] case with prejudice?

Holdings/Conclusion: We find no constitutional violation in the district court’s dismissal of Reynolds’ complaint for failure to comply with the court’s discovery orders, and we affirm that dismissal with prejudice. Additionally, we impose sanctions upon Reynolds. Bonar shall submit a statement of costs and attorney’s fees associated with responding to Reynolds’ appeal. Upon review, we will award an appropriate amount in the form of sanctions. We affirm.

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

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