Justia Civil Procedure Opinion Summaries

Burke McCarthy died in October 2018 after receiving medical treatment from Dr. Wesley Hiser at Wyoming Medical Center. Dianna Ellis, McCarthy’s daughter and wrongful death representative, filed a wrongful death lawsuit against Dr. Hiser and the hospital in February 2021, within the two-year statute of limitations. However, Dr. Hiser was never served with the original complaint. Nearly two years later, Ellis voluntarily dismissed her suit against Dr. Hiser. In December 2023, she refiled her complaint, relying on Wyoming’s savings statute to argue she had an additional year to commence a new action. Dr. Hiser was served for the first time in February 2024, more than five years after McCarthy’s death.The District Court of Natrona County granted Dr. Hiser’s motion to dismiss the refiled complaint. The court found that it had never obtained jurisdiction over Dr. Hiser in the original action because he was not served, and therefore the savings statute could not apply to extend the time for refiling. Ellis appealed this decision.The Supreme Court of Wyoming reviewed the case de novo. The court held that Wyoming’s savings statute, Wyo. Stat. Ann. § 1-3-118, does not apply to actions that are voluntarily dismissed by the plaintiff. The court overruled its prior decision in Hugus v. Reeder, 2022 WY 13, which had held that a voluntary dismissal qualified as a “failure otherwise than upon the merits” under the savings statute. The court reasoned that a voluntary dismissal is not a “failure” within the meaning of the statute, as it is a matter of choice rather than an unsuccessful attempt to proceed. Accordingly, the Supreme Court of Wyoming affirmed the district court’s dismissal of Ellis’s refiled complaint. View "Ellis v. Hiser" on Justia Law

Robert Redland's parents accumulated ranching property in the Big Horn Basin, which Robert and his wife, Irene, later purchased. They raised their five children on these properties and created the Robert and Irene Redland Family Trust in 1989 to manage the ranch properties. Robert promised his children that all ranch properties would be placed in the trust, except for the Manderson Place, which would be placed in the trust after his and Irene's deaths. In 2007, Robert and Irene sold an 11-acre parcel of the Manderson Place to their daughter Lisa and her husband, Mike Kimsey. The Redland Children discovered that the Manderson Place and other properties were not in the trust and sued Robert and the Kimseys.The District Court of Big Horn County initially ruled that Robert must transfer the disputed properties to the trust, including the 11 acres sold to the Kimseys. However, the court later amended its judgment, removing the requirement for the 11 acres to be transferred to the trust, as the Redland Children had not stated a claim against the Kimseys for the return of the 11 acres. The Redland Children did not appeal this amendment.The Wyoming Supreme Court reviewed the case and affirmed the district court's decision, except for the provision regarding the Manderson Place, which it ordered to be transferred to the trust immediately, subject to a life estate in Robert. The district court then issued a judgment excluding the 11 acres from the trust, which the Redland Children appealed.The Wyoming Supreme Court held that its previous decision did not require the 11 acres to be transferred to the trust and that the district court did not abuse its discretion in denying the Redland Children's motions to amend their complaint and for attorney fees. The court affirmed the district court's judgment exempting the 11 acres from being transferred to the trust. View "Redland v. Kimsey" on Justia Law

Thomas Hamann brought a lawsuit against Heart Mountain Irrigation District (HMID) and its manager, Randy Watts, alleging that HMID, through Watts' actions, damaged his property and caused him bodily injury. Hamann sought damages based on claims of inverse condemnation and violation of his constitutional rights under 42 U.S.C. § 1983. The district court granted summary judgment in favor of HMID and Watts, dismissing Hamann’s lawsuit entirely. Hamann appealed only the dismissal of his inverse condemnation claim against HMID.The district court found that HMID had not taken any official action to authorize Watts to enter Hamann’s property beyond the limited scope of work on the Riolo bowl, which Hamann had consented to. The court held that without such authorization, Hamann’s inverse condemnation claim could not survive summary judgment. Hamann argued that there was a material issue of fact regarding whether Watts was acting under the scope, authority, and direction of HMID’s board.The Wyoming Supreme Court reviewed the case and found that there were genuine issues of material fact regarding the extent of Watts’ authority and whether his actions were authorized by HMID. The court noted that HMID’s bylaws allowed for delegation of responsibilities to its manager and other agents, and there was evidence suggesting that Watts had general discretion as HMID’s manager. Additionally, there was conflicting testimony about whether Watts had specific authorization to access Hamann’s property beyond the Riolo bowl.The court concluded that the district court erred in granting summary judgment to HMID, as there were unresolved factual issues regarding the authorization of Watts’ actions and the extent of damage to Hamann’s property due to activities on adjoining land. The Wyoming Supreme Court reversed the district court’s order and remanded the case for further proceedings. View "Hamann v. Heart Mountain Irrigation District" on Justia Law

A mother appealed the dismissal of a neglect case brought against her by the State of Wyoming. The case involved her two children, AB and JC. The mother was arrested for drug-related charges, and the children were placed in protective custody. JC was released to his father, who had primary custody, while AB was released to his paternal grandfather and later to his father, who lived in Texas. The State filed a neglect petition, and the juvenile court held hearings, during which the mother denied the allegations. The court initially placed AB with his paternal grandfather and later with his father.The juvenile court found the children had been neglected and ordered continued placement with their fathers while the mother completed a case plan. The State moved to dismiss the neglect petition after the mother made progress on her case plan and AB's father sought custody. The juvenile court initially dismissed the petition but vacated the dismissal after the mother objected. The court later set a permanency review hearing and maintained the status quo, allowing the mother to continue working on her case plan.The State again moved to dismiss the case, noting the mother’s progress and the existence of custody agreements for both children. The juvenile court dismissed the neglect petition, and the mother appealed. The Wyoming Supreme Court found the appeal moot because the State had dismissed the neglect action, and the mother had physical custody of AB. The court concluded that any judgment would have no practical effect on the existing controversy and dismissed the appeal. The court also determined that none of the exceptions to the mootness doctrine applied in this case. View "In the Interest Of: AB and JC" on Justia Law

Jackson Hole Hereford Ranch, LLC (JHHR) sought to partition real property it claimed to own as a tenant in common with Leeks Canyon Ranch, LLC (Leeks). Leeks counterclaimed, asserting sole ownership based on judicial estoppel, equitable estoppel, and adverse possession. The district court granted partial summary judgment to JHHR, dismissing Leeks’s judicial and equitable estoppel claims. After a bench trial, the court ruled against Leeks on the adverse possession claim. Leeks appealed both the summary judgment and the trial findings.The District Court of Teton County granted summary judgment to JHHR on Leeks’s judicial and equitable estoppel claims. The court found that Mr. Gill, representing JHHR, had forgotten about his 25% interest in the property during arbitration, negating the application of judicial estoppel. The court also found no evidence of willful misconduct or serious negligence by Mr. Gill, which is necessary for equitable estoppel. The court held that Mr. Gill’s statements during arbitration were not sufficient to establish estoppel.The Wyoming Supreme Court reviewed the case and affirmed the district court’s decisions. The Supreme Court agreed that judicial estoppel did not apply because Mr. Gill’s prior position was based on a mistake. The court also upheld the summary judgment on equitable estoppel, finding no evidence of willful misconduct or serious negligence by Mr. Gill. Regarding adverse possession, the Supreme Court found that Leeks failed to prove that its possession of the property was hostile to JHHR’s interest. The court noted that Leeks did not provide clear notice to JHHR that its ownership was in jeopardy, a requirement for adverse possession among cotenants. The Supreme Court affirmed the district court’s rulings in favor of JHHR. View "Leeks Canyon Ranch, LLC v. Jackson Hole Hereford Ranch, LLC" on Justia Law

Rick Holloway and John Hoskin entered into a Commercial Sales Agreement to purchase the UXU Resort Ranch from Hidden Creek Outfitters, LLC. The sale included a special use permit from the U.S.D.A. Forest Service, which required a bridge inspection and load test before transfer. Due to the inspection's delay, the parties postponed closing and placed $200,000 in escrow for bridge-related expenses. After inspections, Park County Title released the escrow funds to Hidden Creek without H&H's consent, despite unresolved bridge issues.The District Court of Park County found that Hidden Creek and H&H each breached the implied covenant of good faith and fair dealing, and Park County Title breached the escrow agreement by releasing funds without H&H's approval. However, the court determined H&H failed to prove actual damages with sufficient certainty, awarding only nominal damages. The court also denied attorney’s fees to all parties.The Supreme Court of Wyoming reviewed the case and affirmed the district court's findings. The court held that H&H did not prove actual damages because the inspections did not conclusively identify necessary or required repairs. The court also upheld the denial of attorney’s fees, finding no abuse of discretion, as both parties bore some fault in the litigation. The Supreme Court denied any attorney’s fees associated with the appeal. View "Holloway v. Hidden Creek Outfitters, LLC" on Justia Law

Bankers Standard Insurance Company (Bankers) filed a lawsuit against JTEC, Inc. (JTEC), a professional engineering firm, alleging that JTEC negligently designed a water mechanical system for a housing development in Jackson, Wyoming. The design flaw allegedly caused a water filter housing to fail, resulting in significant water damage to a home insured by Bankers. The design plans, which included the alleged defect, were revised multiple times, with the final set submitted on May 31, 2018.The United States Court of Appeals for the Tenth Circuit reviewed the case and certified a question to the Wyoming Supreme Court regarding the interpretation of Wyo. Stat. Ann. § 1-3-107. The district court had granted summary judgment in favor of JTEC, determining that the statute of limitations barred Bankers' claim. The district court concluded that the relevant date for the statute of limitations was May 31, 2018, the last day JTEC provided professional services.The Wyoming Supreme Court reviewed the certified question to determine when a professional’s act, error, or omission occurred under Wyo. Stat. Ann. § 1-3-107. The Court held that the absence of contractual privity is not relevant in determining when the statute of limitations attaches in a tort action. The statute of limitations attaches to the design that was the legal cause of the alleged injuries, meaning the act, error, or omission that was a substantial factor in bringing about the plaintiffs’ injuries.The Court concluded that the statute of limitations in § 1-3-107 attaches to the design that was used by the plumber to install the water entry detail at the Grossmans’ residence. However, the Court could not determine which set of engineering plans were used based on the facts presented. Therefore, the case was remanded for further proceedings to establish which design was the legal cause of the alleged injuries. View "Bankers Standard Insurance Company v. JTEC, Inc." on Justia Law

In May 2023, Officers Jacob Ondich and Mathew Lougee of the Casper Police Department arrested Daniel Charles Hemmer at his home and transported him to the Natrona County Detention Center (NCDC). Hemmer was charged with felony theft and entered a no-contest plea in December 2023. Subsequently, Hemmer filed a civil suit against the officers, the Casper Police Department, and NCDC, alleging unlawful entry, arrest without probable cause or a warrant, and a strip search at NCDC. He claimed the officers' actions constituted kidnapping and sought $12 million in damages.The Natrona County District Court dismissed Hemmer's complaint. The court found that Hemmer did not allege facts showing NCDC's involvement in his arrest or provide legal authority for his claims against the detention center. The court also dismissed the claims against the Casper Police Department due to a lack of specific allegations. The kidnapping claim against the officers was dismissed because Hemmer did not support it with legal authority. Additionally, the court concluded that Hemmer failed to submit a timely notice of claim under the Wyoming Governmental Claims Act.The Wyoming Supreme Court reviewed the case and summarily affirmed the district court's dismissal. The court noted that Hemmer's pro se brief did not comply with appellate rules, lacked a statement of issues, and failed to present cogent arguments supported by legal authority. The court emphasized that while pro se litigants are given some leniency, they must still reasonably comply with procedural rules. Consequently, the Supreme Court affirmed the lower court's decision to dismiss Hemmer's complaint. View "Hemmer v. City of Casper Police Department" on Justia Law

A personal representative of a deceased resident's estate filed a complaint against a hospital district and its associated rehabilitation center, alleging negligence and vicarious liability for injuries suffered by the resident due to physical abuse by a temporary certified nursing assistant (CNA). The hospital district denied liability, claiming the CNA was an independent contractor. After a six-day trial, the jury found the CNA was an agent of the hospital district, and her negligence was a proximate cause of the resident's damages. The jury apportioned fault between the CNA and the hospital district, awarding $660,000 in damages to the estate.The district court reduced the damages by the percentage of fault attributed to the CNA, leading to an appeal by the personal representative, who argued the reduction was contrary to Wyoming law and inconsistent with the jury's verdict. The hospital district cross-appealed, asserting the district court should not have allowed the jury to consider whether the CNA was an agent and should have granted its motion for judgment as a matter of law.The Wyoming Supreme Court reviewed the case and found the district court did not err in denying the hospital district's motion for judgment as a matter of law. The court held there was sufficient evidence for a reasonable jury to find in favor of the personal representative on both direct and vicarious liability claims. The court also found the jury instructions adequately informed the jury of the applicable law and did not cause confusion.However, the Supreme Court determined the district court erred in reducing the damages. The jury found the CNA's conduct was negligent and that she was an agent of the hospital district, making the hospital district vicariously liable for her actions. The court reversed the judgment and remanded the case with instructions to enter a judgment for the full $660,000 in favor of the estate. View "Campbell County Hospital District v. Elsner" on Justia Law

The Randy W. Stevens Living Trust owns land in Saratoga, Wyoming, bordered by an alleyway owned by the Town of Saratoga. Randy Stevens, the trustee, and Quality Landscape & Nursery, Inc., which uses the land, have had various disputes with the Town over the years. In 2019, a judgment was issued in favor of the Town, which the Stevens parties did not appeal. In 2023, the Stevens Trust and Quality Landscape filed a motion for an order to show cause and for a writ of mandamus, which the district court dismissed, citing res judicata and the parties' contractual limitations period. The court also found mandamus was not available under the circumstances.The district court of Carbon County had previously ruled on several issues between the parties, including the reconstruction of the alleyway, installation of utilities, and access to the property. The court found that the Town had acted in good faith and that the Stevens parties had failed to prove damages. The Stevens parties did not appeal these rulings. In 2023, they sought to revisit these issues, but the district court dismissed their motion, finding that the claims were barred by res judicata and the contractual limitations period.The Supreme Court of Wyoming reviewed the case and affirmed the district court's decision. The court held that the claims raised by the Stevens parties were barred by res judicata, as they had been or could have been litigated in prior proceedings. The court also agreed that mandamus was not an appropriate remedy, as the duties in question were not ministerial. Finally, the court found that judicial estoppel did not apply, as the Town had not taken inconsistent positions. The court affirmed the district court's dismissal of the Stevens parties' motion. View "Stevens v. The Governing Body of the Town of Saratoga, Wyoming" on Justia Law