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Grove v. Pfister4/20/2005
[ ] Patricia Grove (Grove) and her minor daughter, Krista, filed suit against Randle Pfister (Pfister) alleging that his negligent operation of a motor vehicle resulted in a collision with their vehicle causing them injury. Upon motion by Pfister, the district court ordered joinder of a passenger in Grove's vehicle as an indispensable party under W.R.C.P. 19. The order provided that failure to join would result in the dismissal of the action. We granted Grove's Petition for a Writ of Review and reverse the district court's order, and remand for further proceedings.
ISSUES
[ ] Grove sets out five issues in her brief:
1. In a personal injury suit arising from a motor vehicle collision, is a front-seat passenger, whose actions did not cause or contribute to the accident in any way, an indispensable party under W.R.C.P. 19(a)?
2. Does the district court have jurisdiction over a front-seat passenger, whose actions did not cause or contribute in any way to the motor vehicle collision giving rise to the lawsuit?
3. In a personal injury suit arising from a motor vehicle collision, is a front-seat passenger, whose actions did not cause or contribute to the accident in any way, an indispensable party whose failure to be joined in the lawsuit justifies dismissal of the suit under W.R.C.P. 19(b)?
4. Did Respondent waive his right to move to join the front-seat passenger of Plaintiff's vehicle by failing to timely raise the issue?
5. If the Wyoming Supreme Court finds that a front-seat passenger, whose actions did not cause or contribute to the accident in any way, is nevertheless an indispensable party under W.R.C.P. 19, what is the proper process for service, pleading and practice to join an involuntary plaintiff under these circumstances?
Pfister replies with six issues:
1. Whether review by the Wyoming Supreme Court, pursuant to Rule 13.02 W.R.A.P., of the District Court's order concerning a Rule 19 W.R.C.P. motion for joinder is appropriate.
2. Whether the District Court abused its discretion when it held that Deborah Broberg was a party that must be joined in this action pursuant to Rule 19(a) W.R.C.P.
3. Whether the District Court abused it discretion when it ordered that the [Groves'] action would be dismissed if the [they] failed to join Ms. Broberg in this action by June 8, 2004.
4. Whether [Pfister] waived his right to move to have Ms. Broberg joined in this action pursuant to Rule 19 W.R.C.P. when his motion for joinder came after the confirmation under oath of relevant facts in discovery.
5. Whether the District Court erred in the manner in which it ordered [the Groves] to join Ms. Broberg in this action.
6. Whether there is an alternative form of relief that supports the District Court's holding.
FACTS
[ ] In a complaint filed on July 28, 2003, Grove stated that she was driving northbound on State Highway 191 on December 7, 2001. Her daughter was in the back seat, and a friend, Deborah Broberg (Broberg), was in the front passenger seat. At the time, the highway was slick with ice and snow. Grove alleged that when she slowed down for a snowplow, Pfister negligently drove his vehicle into the rear of hers causing injury to Grove and her daughter. Pfister filed an answer denying the allegation of negligence. On March 22, 2004, Pfister filed a motion seeking joinder of Broberg as a party pursuant to W.R.C.P. 19. Broberg had submitted a claim to Pfister's insurance company but had not filed any legal action against him. After a hearing, the district court granted Pfister's motion, finding that
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