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Romero v. Schulze3/19/1999
scovery requests and disclosed that he had been an employee of the hospital during the time he treated Romero. He also produced a copy of his 1994 employment contract.
Dr. Schulze moved for a summary judgment, claiming that Romero
"a. last saw and treated with Dr. Schulze on October 27, 1994;
b. was discharged November 15, 1994, from the occupational therapy (ordered by Dr. Schulze) so as to move to New Mexico; and
c. formally became the patient of Dr. Laurel D. McGinty of Albuquerque, New Mexico thereafter."
He argued that, although Romero filed her lawsuit within the two-year statute of limitations for negligence actions, she failed to serve notice of her claim pursuant to the Wyoming Governmental Claims Act under which he claimed protection by virtue of his status as a public employee of a governmental entity.
Romero opposed Dr. Schulze's motion for a summary judgment, asserting, among other things, that Dr. Schulze's employment by the hospital was unknown to her and was not reasonably ascertainable before the two-year notice period expired. Romero argued that she was under the impression that Dr. Schulze was an independent contractor until November 19, 1996, just days after the two-year period had run, because all her interactions with Dr. Schulze supported that Conclusion.
The district court granted Dr. Schulze's motion for a summary judgment. It reasoned that Dr. Schulze's affirmative defense put Romero on notice of his employment status on October 7, 1996, which gave her approximately five weeks to give notice of her claim. The district court decided that Romero's failure to serve a notice of her claim within the two-year period required by the Wyoming Governmental Claims Act deprived the district court of subject matter jurisdiction and, therefore, barred her cause of action against Dr. Schulze.
On May 13, 1997, Romero served the hospital with notices of claims concerning her independent allegations against the hospital of negligent hiring and supervision. She was granted leave to amend her complaint to add the hospital as a defendant on July 22, 1997, and she filed her first amended complaint on August 28, 1997, in which she pleaded, among other things, negligent hiring and negligent supervision causes of action against the hospital. The hospital subsequently filed a motion to dismiss Romero's complaint, claiming protection under the Wyoming Governmental Claims Act's two-year notice-of-claim requirement.
The district court granted the hospital's motion to dismiss Romero's complaint, finding that Romero did not give notice of her claim within the two-year period required by the Wyoming Governmental Claims Act. Romero appeals from the summary judgment which was entered in favor of Dr. Schulze and from the order which dismissed her causes of action against the hospital.
STANDARD OF REVIEW
A summary judgment is appropriate when no genuine issue as to any material fact exists and the prevailing party is entitled to have a judgment as a matter of law. Estate of Noell v. Norwest Bank Wyoming, N.A., 960 P.2d 499, 500 (Wyo. 1998). Because a dispute does not exist with regard to the material facts, the question presented for our review is one of law. Id. We do not accord special deference to the district court's decisions on matters of law. Id.
We will affirm a dismissal of a complaint only if the complaint shows on its face that the plaintiff was not entitled to relief under any set of facts. In considering such a motion, the "facts alleged in the complaint are admitted and the allegations must be viewed in the light most favorable to plaintiffs." Dismis
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