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Pinnacle Bank v. Villa11/30/2004
mbered that it is inappropriate for the judge to give an instruction that is not sustained by the evidence. Anderson Highway Signs and Supply, Inc. v. Close, 6 P.3d 123, 126 (Wyo. 2000). Accordingly, there must be at least some competent proof that the non-party actors were at fault before they are placed on the verdict form. Should this qualification be met, the defendants will be entitled to argue the State's comparative fault.
CONCLUSION
[ ] The district court's finding that the ordinance established Pinnacle Bank's duty under the circumstances of this case was correct. The ruling of the district court that the city ordinance, which is a specifically enacted rule, controls over the general common law rules pertaining to natural accumulation of snow and ice is affirmed. Moreover, the negligence per se doctrine shall not be used by the jury when making its determination of negligence with respect to Pinnacle Bank. If Pinnacle Bank is found to be negligent, the open-and-obvious-danger rule shall be applied in assessing whether Villa was comparatively negligent. We also determine that the jury may compare the fault of the State of Wyoming even though the State is immune in these circumstances.
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