Wyoming Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Wyoming or Court of Appeals of Wyoming where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Wal-mart Stores v. Clark - 12/18/1998
Appellee Jerry Clark received a jury verdict in his favor for injuries sustained in a fall on Wal-Mart's premises. Appellant Wal-Mart Stores now challenges the sufficiency of the evidence supporting the jury's verdict, claiming Clark...
Harris v. Taylor - 12/9/1998
In this case, we consider whether WYO. R. CIV. P. 60(b) affords any relief for an untimely appeal of an order granting summary judgment, and if so, whether a personal injury creditor's failure to give notice of a claim to the estate's...
Bolack v. Chevron - 8/17/1998
APRIL TERM, A. D. 1998
Certified Question from the United States District Court for the District of Wyoming
The Honorable Alan B. Johnson, Judge
Chevron, U. S. A. Inc. (Chevron) filed an action in the United States...
Diamond Surface - 8/17/1998
This opinion addresses two consolidated appeals arising from lawsuits brought by, or on behalf of, a subcontractor's employees who were killed or injured in a pipeline explosion while working on a road construction project in...
Diamond Surface Inc. v. Cleveland - 8/17/1998
APRIL TERM, A. D. 1998
Interlocutory Writ of Review and Appeal from the District Court of Sweetwater County
The Honorable Jere Ryckman, Judge
This opinion addresses two consolidated appeals arising from lawsuits...
Edwards v. Fogarty - 7/30/1998
Rehearing Denied August 26, 1998.
Appellant, personal representative of the estate of Larry Edwards, brought this wrongful death action against appellees, William A. Fogarty, M.D., an individual; William A. Fogarty, M.D., P.C., a...
Sayer v. Williams - 7/29/1998
Finding that appellant failed to provide expert testimony to establish proximate cause in her medical malpractice case, the district court granted appellee's motion for judgment as a matter of law. Appellant brings this appeal arguing...
Nelson v. State - 6/17/1998
The Wyoming Legislature has provided that state game and fish law enforcement personnel are "peace officers." "while responding to requests to assist other peace officers performing their official duties." WYO. STAT. §...
Farmers Insurance Exchange v. Shirley - 5/8/1998
THOMAS, J., delivered the opinion of the Court and filed a specially concurring opinion; LEHMAN, J., filed a Dissenting opinion.
THOMAS, Justice.
In this case we analyze our jurisprudential rules relating to punitive...
Workers' Safety And Comp. Div. v. Bruhn - 12/24/1997
Appellant State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division (the division) sought judicial review of the hearing examiner's decision to award worker's compensation death benefits to the survivors of Susan Bruhn...
State Ex Rel. Workers' Comp. Div. v. Gerdes - 12/22/1997
Appellee sustained a work-related knee injury in November 1993, for which she received temporary total disability payments through June 1995. The Wyoming Workers' Compensation Division denied further benefits on June 9, 1995, after...
Weber v. Mccoy - 12/17/1997
Rehearing Denied January 22, 1998.
Appellant Jack Weber (the patient) appeals from the summary judgment which the district court granted in favor of Appellee Theodore McCoy (the doctor).
We affirm.
ISSUES ...
Turcq v. Shanahan - 12/16/1997
The issues in this case arise out of a rather singular infliction of harm upon Debra L. Shanahan (Shanahan), an animal control officer, by a Great Dane owned by Donna Turcq, n/k/a Donna Sasso (Turcq). When Turcq left the Great...
Jarvis v. Farmers Ins. Exchange - 12/4/1997
Appellants brought suit against their insurer alleging bad faith failure to settle a claim. A pedestrian allegedly injured in a car/pedestrian accident filed suit against Mr. Jarvis and his employer. Appellants claim their insurer's...
Haagensen v. State Ex Rel. Workers' Comp. - 12/4/1997
The sole issue presented is whether the finding of the hearing examiner that Howard O. Haagensen sustained injuries "arising out of and in the course of employment" as required by Wyo. Stat. § 27-14-102(a)(xi) (Cum.Supp. 1995) is...
Russell v. State Wyoming Worker's Comp. Div. - 9/15/1997
Several months after injuring his back at work, Appellant Bruce Russell (Russell) filed for workers' compensation benefits for treatment of numbness in his extremities. A hearing examiner from the Office of Hearing Examiners (OAH)...
Lane v. Yearsley - 6/6/1997
Appellants James and Jeri Lane, as the co-administrators of the estate of their son, Conley Lane (Conley), appeal from the trial court's judgment which was entered after the jury returned a verdict in favor of Appellee David Yearsley. ...
Rodgers v. State Ex Rel. Wwcd - 6/6/1997
Rehearing Denied July 9, 1997.
Appellant Milton W. Rodgers petitioned the district court for review of a hearing examiner's order denying extended benefits under the Wyoming Workers' Compensation Act. The district court certified...
Rubio v. State - 5/29/1997
Appellant was convicted of first-degree sexual assault and kidnapping. On appeal, appellant contends his conviction rests on the erroneous admission of his statements to police and prosecutorial misconduct during his...
Nowotny v. L & B Contract Industries - 3/7/1997
The main issue to be addressed in this case is whether we should expand the discovery rule for triggering the statute of limitations for personal injuries to include knowledge of the identity of the tort-feasor. This issue...
Stilson v. Hodges - 2/28/1997
Appellant Lucy Stilson appeals from the trial court's order which granted Appellee Daina Hodges's motion to compel satisfaction of a judgment.
We affirm.
ISSUE
Stilson presents a single issue in her appeal:
Did...
Bhutto v. Wyoming Workers' Comp. Div. - 2/28/1997
This appeal raises the question of whether the hearing examiner correctly determined the time of injury under Wyo. Stat. § 27-14-403(c) (Cum.Supp. 1995) for computation of temporary total disability benefits. The district court...
Painter v. State Ex Rel. Wyoming Worker's - 1/31/1997
The sole issue presented by this appeal is at what point an injured worker's right to appointed counsel attaches in a worker's compensation case. In this case, a hearing examiner appointed counsel for an injured worker and awarded...
Sinclair Oil Corp. v. Republic Ins. Co. - 12/30/1996
Rehearing Denied January 21, 1997.
The issues in this case come before the court as certified questions from the United States District Court for the District of Wyoming. The court is called to furnish a definitive legal...
Davis v. Black Hills Trucking - 12/20/1996
Appellant, the personal representative for the family of John Jones, appeals the grant of summary judgment in favor of appellee, Black Hills Trucking, Inc. (Black Hills). Appellant claimed Black Hills negligently disassembled,...
Cline v. State - 11/22/1996
Suit, alleging wrongful death claims, was brought against the State of Wyoming, Department of Family Services (DFS) and Department of Education (DOE), by the survivors of two teenagers killed in an automobile accident on April 19,...
Olsten Staffing v. D.a. Stinger - 6/27/1996
The sole issue upon which we resolve these cases is whether the trial judge was deprived of jurisdiction under WYO. R. CIV. P. 40.1(b)(1) by a motion for peremptory disqualification. Olsten Staffing Services, Inc. (Olsten) failed to...
Burlington No. R. Co. v. Dunkelberger - 6/24/1996
The only question in this case is whether Burlington Northern Railroad Company (Burlington) is foreclosed from relief in its action against David Dunkelberger (Dunkelberger) by decisions of the courts of the State of Montana. After...
Loftus v. Romsa Const. - 3/25/1996
In this case, John R. Loftus, Jr. and his wife, Gwendolyn B. Loftus (collectively Loftus), question whether an affirmative defense, specifically the statute of repose found in WYO. STAT. § 1-3-111 (1988), must be deemed waived by the...
Vasquez v. Wal-mart Stores - 3/19/1996
Appellants Lori Maerz (Maerz) and her two minor children brought a negligence action against appellee Wal-Mart Stores, Inc. (Wal-Mart) for personal injury damages after folding chairs fell from a display and struck Maerz. After a...
Roitz v. Kidman - 3/15/1996
Appellants Barbara Roitz and Rex Schwartz, the parents of Kristopher Schwartz, (the parents) appeal from the district court's orders which granted a partial summary judgment in favor of Appellee Robert Kidman (Kidman) on the parents'...
Mckennan v. Newman - 9/18/1995
Susan W. McKennan (appellant), as personal representative of the estate of her late husband Terry McKennan (McKennan), filed a wrongful death action against Richard Newman, Ron Rabe, Gary Senier and Terry Caywood (appellees), several...
Havens v. Hoffman - 9/13/1995
The issue that is dispositive of this case is whether David D. Hoffman, M.D. (Dr. Hoffman) properly supported a motion for summary judgment in a case premised upon injury attributable to the lack of informed consent on the part of...
Latimer v. Rissler & Mcmurry Co. - 9/12/1995
Appellant Frank Latimer appeals from the district court's order which affirmed the hearing examiner's decision to deny Latimer's request for worker's compensation benefits.
We affirm.
ISSUES
Latimer presents the...
Ortega v. Flaim - 9/7/1995
A social guest of landlord's tenant sustained personal injuries after falling down stairs at the tenant's residential dwelling. The social guest sued landlord for damages. Relying on the common law's general rule of landlord's immunity...
Hamilton v. Natrona County Educ. Ass'n - 8/8/1995
Appellant Carey Hamilton (Carey) and members of her family (Hamiltons) filed a suit against appellee Natrona County Education Association (NCEA) to recover damages for injuries Carey suffered at a party given by the president of NCEA....
Peterson v. Scorsine - 6/30/1995
The primary issue to be resolved in this case is whether theories of recovery alleged by Karen S. Peterson (Peterson) against her attorney, John M. Scorsine (Scorsine), aside from a claim of legal malpractice, serve to avoid a summary...
Mcgarvin-moberly Const. Co. v. Welden - 6/29/1995
Our sole concern in this case is the degree of participation in discovery and trial proceedings that should be afforded to a defendant in a personal injury case founded on negligence when default, but no judgment by default, has been...
Herbel v. S.k. Wood Co. - 6/29/1995
Appellant Fred Herbel appeals from the district court's order which granted a summary judgment in favor of Appellees S.K. Wood Company, Matlack Company, Carl Unsworth, Constance Johnson, and Karen Cavalier.
We affirm. ...
Tidwell v. Hom - 6/1/1995
A latent defect in privately owned housing, rented with governmental assistance, caused debilitating health problems and stress disorders for appellants. Appellants sued the agency providing rental assistance, only to suffer summary...
Shisler v. Town of Jackson - 2/17/1995
This appeal arises from a judgment entered on a jury verdict that denied appellant recovery in a negligence case. Appellant raises issues regarding the application of the Wyoming Governmental Claims Act; unanswered interrogatories on...
Parker v. Artery - 2/9/1995
The injured parties in a tort action bring this appeal. A jury trial resulted in a verdict and a substantial award of compensatory damages in favor of the injured parties. However, the injured parties contend pretrial rulings...
Meyer v. Mulligan - 1/30/1995
This case concerns an agreement between two couples, Rustin and Jolyn Johnson and Morris and Toni Meyer, to purchase a motel in Jackson, Wyoming and to form a corporation to own and operate the motel. The agreement began coming...
Downen v. Sinclair Oil Corp. - 12/16/1994
Appellants Martha and James Downen (Downens) appeal from a summary judgment granted to appellee Sinclair Oil Corporation, d/b/a Little America Travel Center (Sinclair). Downens had filed suit against Sinclair after Mrs. Downen slipped...
Curran v. Pasek - 12/8/1994
The certified questions before this court require us to test the application of the confidential marital communication privilege which prevents one spouse from testifying against the other. A doctor committed suicide and marijuana was...
City of Casper v. Haines - 12/7/1994
In these consolidated cases, the City of Casper and the State of Wyoming's Worker's Compensation Division seek review of the district court's order affirming the decision granting worker compensation benefits to appellee James Haines....
State Farm Mut. Auto. Ins. Co. v. Shrader - 9/29/1994
These consolidated appeals follow a jury's verdict that an insurer breached a contract of insurance, breached the implied covenant of good faith and fair dealing and breached statutory duties. The jury also found the insurer...
Claim of Mitchell - 6/15/1994
An employer brings this action challenging the district court's determination that an employee's worker's compensation benefits were chargeable to the employer rather than to the industry class as a whole.
We affirm.
The...
Gilstrap v. State Ex Rel. Wyo. Wkrs. Comp. - 6/15/1994
Appellant Deborah K. Gilstrap appeals from the district court's order which affirmed the hearing examiner's decision to deny her claim for permanent-total-disability benefits or an increase in her permanent-partial-disability award. ...
State Farm Mut. Auto. Ins. Co. v. Colley - 3/24/1994
An insurer claiming an interest in a wrongful death cause of action appeals the district court's denial of a motion to intervene. The insurer maintains that a judgment by default entered as a discovery sanction against an allegedly...
Goodrich v. Seamands - 3/17/1994
Appellant Charlotte E. Goodrich (Goodrich) sued appellees Albert L. and Janet M. Seamands (the Seamandses) for injuries Goodrich suffered when a ceiling tile and ceiling fan fell on her in a building previously owned by the Seamandses....
Matter of Nyquist - 3/14/1994
This appeal arises from an administrative agency decision affirmed by the district court. Olsten Services (Olsten) asserted that it was not afforded notice or an opportunity to be heard before worker compensation benefits were paid to...
Furman v. Rural Elec. Co. - 2/18/1994
This appeal arises from a wrongful death suit against appellee Rural Electric Company (REC). Appellant Betty Joann Furman (Furman) alleged negligent construction and maintenance of a high voltage power line caused the death of...
Bearden v. State Ex Rel. Wyo. Workers Comp. - 2/9/1994
Appellant Annette Bearden requested an administrative hearing after the Wyoming Workers' Compensation Division refused to pay part of her claimed medical bills. The hearing examiner denied Ms. Bearden's claim, and on appeal the...
Wyrulec Co. v. Schutt - 12/30/1993
These consolidated appeals arise from a negligence suit against appellant Wyrulec Company. Appellee Richard Schutt fell and sustained injuries after touching appellant's low voltage electrical wires. A jury verdict awarded $368,584 in...
Haderlie v. Sondgeroth - 12/15/1993
This was a suit by appellee James Sondgeroth to recover personal injury damages resulting from his automobile striking a horse that had earlier been struck and killed by appellant Haderlie near Bondurant, Wyoming. Two...
Doctors' Co. v. Insurance Corp. of America - 12/6/1993
In these consolidated appeals, we are required to determine which "claims made" professional liability insurer provides coverage when a potential claim is reported to the former insurer but the actual claim is made during the...
Schott v. State - 11/30/1993
Appellant appeals from an order revoking his probation on the ground that the order placing him on probation (an order changing an original incarceration sentence) was illegal.
On June 14, 1983, and after a plea of guilty to two...
Copp v. Redmond - 9/3/1993
Answering a certified question of law, we hold that for claims accruing between July 1, 1987, and February 18, 1993, culpable negligence is the degree of negligence that an injured employee must prove against a co-employee in an action...
Jones v. Jones - 8/9/1993
The question presented in this case is whether the trial court abused its discretion in refusing to terminate a contractual obligation to pay alimony incorporated into a Florida divorce decree. The trial court ruled there was no change...
Anderson v. Louisiana-pacific - 8/9/1993
The major question posed in this case, which arises out of products liability claims, is whether the trial court erred in refusing to admit into evidence testimony from a human factors expert. Other issues are asserted with respect to...
Wardell v. Mcmillan - 12/31/1992
Mack Wardell, as the conservator of Neal Wardell, a minor, filed medical malpractice suits against Jon M. McMillan, M.D. and Stan Peters, M.D. Wardell alleged that the doctors negligently treated his son, Neal, and proximately...
Elmore v. Van Horn - 12/31/1992
Rehearing Denied February 4, 1993.
This appeal involves a claim for damages against a licensed professional counselor for her evaluation of and conclusion that a minor child had been the victim of sexual abuse. The counselor...
Thunder Hawk v. Union Pacific R. Co. - 12/29/1992
Rehearing Denied February 3, 1993.
Alexander Thunder Hawk, Jr. (Alex) suffered a traumatic below-the-knee amputation of his left leg as a result of a rail yard accident. Alex, by and through his guardian ad litem and...
Wyoming Ins. Guar. v. Allstate Indem. - 12/21/1992
Rehearing Denied February 3, 1993.
The Wyoming Insurance Guaranty Association (WIGA) was called upon to step into the shoes of Laramie Insurance Company by assuming the obligations of its automobile liability insurance policy...
Mondello v. State - 12/15/1992
This is a conspiracy to sell drugs case in which there was no evidence that Giuseppe Mondello, a/k/a Joe Mondello (Mondello) and Mark Charles Jones (Jones) ever sold any drugs to anybody. There was no drug distribution ring. There was...
Mckennan v. Newman - 12/11/1992
Susan W. McKennan, personal representative of the estate of Terry Don McKennan, appeals from the district court's order dismissing the wrongful death action which she filed against her deceased husband's co-employees.
We reverse...
Contreras v. Carbon County School Dist. 1 - 12/10/1992
This case involves a claim for damages resulting from personal injury caused by a playground accident at Pershing Elementary School. Appellants James Contreras, Brenda Contreras and Odorico Contreras appeal the order granting judgment...
Schneider Nat. - 12/9/1992
In the legal aftermath of a deadly accident along southern Wyoming's Interstate 80, the United States Court of Appeals for the Tenth Circuit certified a number of questions of law to the Wyoming Supreme Court. Complex questions of the...
Aanenson v. State Ex Rel. Worker's Comp. - 12/8/1992
Carson R. Aanenson seeks review of a district court order affirming the denial of worker's compensation benefits by a hearing officer. Mr. Aanenson was diagnosed with a ruptured disc in 1986 but neglected to file a report or claim for...
Coleman v. State - 12/7/1992
Appellant James Coleman pleaded nolo contendere to a charge of felony child abuse. He subsequently filed two separate motions to withdraw his plea of nolo contendere, both of which the district court denied. Appellant takes issue with...
Neuman v. Neuman - 11/30/1992
All of the questions raised in this appeal relate to the exercise of discretion by the trial court in effecting a division of marital property in a divorce action. The primary issue concerns the method adopted for determining the value...
State Ex Rel. Wyo. Wkr's Comp. v. White - 9/25/1992
Wesley White, appellee, received a worker's compensation 51 percent permanent partial disability award as a result of an administrative agency contested case hearing. The State of Wyoming appeals the Order Awarding Permanent Partial...
Dworkin v. L.f.p. - 9/18/1992
In this appeal a public-figure plaintiff who is an outspoken opponent of pornography seeks reversal of the summary judgment entered against her in her defamation action against certain media defendants. She filed her...
Big-o Tires - 9/11/1992
This appeal, as its major subject of attention, addresses whether the jury was suitably instructed in a defective retread tire case where the mix of causes of action included strict products liability and negligence, as well as an...
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