Summary 2014 WY 4

Summary of Decision January 14, 2014

Justice Hill delivered the opinion for the Court. Affirmed.

Case Name: CURTIS F. SYMONS v. WAYNE R. HEATON and TIMOTHY S. TARVER, Co Administrators of the Estate of Gary L. Plachek

Docket Number: S-13-0082

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

Appeal from the District Court of Sheridan County the Honorable Robert E. Skar, Judge

Representing Appellant: H. W. Rasmussen, Sheridan, WY.

Representing Appellee: Timothy S. Tarver, Sheridan, WY.

Date of Decision: January 14, 2014

Facts: After Gary Plachek died intestate, leaving an estate worth approximately $300,000.00, his friend and caretaker Appellant Curtis Symons (Symons) filed a claim against the estate in the amount of $259,200.00. Symons sought compensation for the care and services that he provided to Plachek during the last nine years of Plachek’s life. After the co-administrators denied Symons’ claim, Symons brought an action against them. The district court disposed of the action upon a motion for summary judgment by the estate, and this appeal followed.

Issues: Symons states his issues as follows: The trial court erred in granting summary judgment on Symons’ claim based on an implied-in-fact contract. The trial court erred in granting summary judgment on Symons’ implied-in-law contract claims.

Holdings: We affirm the district court’s order finding no question of material fact existed and that Symons failed as a matter of law on his claims for implied-in-fact contract, promissory estoppel and unjust enrichment.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]