ISSUES

[¶2] Mr. Vogt does not include a separate statement of the issues, as required by W.R.... More...   $0 (3/12/2008 - WY ) 0

ISSUES

[¶2] Mr. Baker raises the following issue: Did the Appellees breach the co... More...   $0 (2/22/2008 - WY ) 0

... More...   $0 (2/8/2008 - WY ) 0

Defen... More...   $0 (2/2/2008 - WY ) 0

SUMMARY ISSUED BY THE WYOMING SUPREME COURT

The Supreme Court has concluded that because of the complexity and length of this opinion, a brief summary would aid the public in understanding the nature of the issues and the Court’s rulings. This summary is not intended to modify, supplement or alter in any way the content of the opinion. ... More...   $0 (1/8/2008 - WY ) 0

Plaintiff-Appellant Robert Lindstrom appeals the district court’s dismissal of his action against the government for lack of subject matter jurisdiction. Mr. Lindstrom filed suit to enforce a settlement agreement he reached with the Department of the Interior on his disability discrimination claim. He contends that the district court erron... More...   $0 (12/15/2007 - WY ) 0

[¶1] Appellants, Ronald Mueller and William Daley, appeal the district court’s order awarding attorney fees and costs to Appellees, Vince Zimmer and Steve Crittenden. We affirm.

ISSUE

[¶2] We restate the issue as follows: Did the district court abuse its discretion in awarding appellees attorney fees and costs in the amount of $4,2... More...   $0 (12/11/2007 - WY ) 0

This case concerns several contract and tort claims arising out of the planning, construction, and operation of a medical office building in Cheyenne, Wyoming. That project turned out to be a financial disaster for the plaintiff, Memorial Hospital of Laramie County, which has sued its consultant and de facto landlord, Healthcare Realty. Th... More...   $0 (11/28/2007 - WY ) 0

[¶1] Appellants, West America Housing Corp. (WAHC), Jeanne L. Joelson (Joelson), Sheena Joelson/Shoopman (Shoopman), and Bobbie Charles Craver (Craver) challenge a January 21, 2007 order of the district court which found that: (1) A quitclaim deed from Appellee, Donald E. Pearson (Pearson) to Larry D. Oltman (Oltman) (Oltman is Jeanne Joelso... More...   $0 (11/20/2007 - WY ) 0

[¶1] Outback Pipe Haulers (Outback) delivered a load of well casing to a methane drilling site where Lester Case was working. As the workers were unloading the casing, the load shifted and the casing unexpectedly rolled off the trailer, striking Mr. Case and causing serious injuries to his legs.

[¶2] Mr. Case sued Outback for negligen... More...   $0 (11/20/2007 - WY ) 0

[¶1] This is a dispute over the proceeds of an insurance policy on the life of the late Alvin Baker. His widow, Appellant Joan Baker, contends that the district court misapplied claims of promissory estoppel and constructive trust when it awarded the insurance proceeds to Appellees Larry Ayres, Karan Ayres, and Ayres and Baker Pole and Pos... More...   $0 (11/20/2007 - WY ) 0

[¶1] The Board of County Commissioners of Teton County (Teton County) challenges an order of the district court that declined to order the abatement (removal) of excessive square footage added to a home built by Thomas and Carol-Ann Crow (Crows). The maximum square footage allowed by the Teton County Land Development Regulations (LDRs) is ... More...   $0 (11/10/2007 - WY ) 0

[¶1] Appellants, Mary A. Berry and Merry Berry, Inc., contest the district court’s determination that they are liable for damages sustained when Appellee, Pamela Tessman, a guest in their RV park, injured herself by stepping into a marmot hole on the property. Appellants also contest the amount of damages awarded by the district court. We ... More...   $0 (11/10/2007 - WY ) 0

[¶1] After the Sheridan Police Department Civil Service Commission (the Commission) entered an order dismissing him from service with the Sheridan Police Department (the Department), Christopher C. Cook filed a notice of appeal in the district court. Chief of Police, Mike Card, on behalf of the Department, filed a motion to dismiss the appe... More...   $0 (11/10/2007 - WY ) 0

[¶1] This is an appeal from the trial court‟s judgment that Rod Fox and Fibertection Corporation breached a contract with Wheeler Electric, Inc., to supply fire alarm equipment. We affirm.

* * *

[¶3] The basic facts in this case are not disputed. Rod Fox is the president and owner of Fibertection Corporation, a Wyoming corpora... More...   $0 (10/31/2007 - WY ) 0

[¶1] Kimberly Ragsdale was involved in an automobile accident with an uninsured motorist. At the time of the accident, Ragsdale was covered under a personal automobile insurance policy issued by The Hartford Underwriters Insurance Company. Ragsdale received $45,000 from The Hartford for her bodily injury and uninsured motorist claim under ... More...   $0 (10/22/2007 - WY ) 0

Mr. Rohde sued Smiths Medical d/b/a Sims Deltec, Inc. (Smiths Medical), the manufacturer of a venous access device which fractured after it was inserted into his chest to administer chemotherapy treatment, claiming the device was defective. The district court granted summary judgment in favor of Smiths Medical because Mr. Rohde did not pre... More...   $0 (8/22/2007 - WY ) 0

[¶1] The federal district court for the District of Wyoming certified two questions to this Court concerning how a negligent attorney‟s contingency fee in the underlying personal injury action should be accounted for in a subsequent malpractice award to his former client. We conclude that, consistent with our damages jurisprudence in o... More...   $0 (8/9/2007 - WY ) 0

Plaintiffs-Appellants Beth and Bryan Ward own a child care facility, Kids' Connection, that was the subject of an investigation by the Wyoming Department of Family Services ("DFS"). DFS notified the Wards that several allegations of child care licensing rule violations had been substantiated during the investigation. The Wards disputed these all... More...   $0 (7/26/2007 - WY ) 0

William M. and Arline N. Addison appeal from an order quieting title to 6.15 acres of land in Eldon M. and Margaret R. Handrich.1 The Addisons claim they acquired title to the land by adverse possession and the district court’s order to the contrary was clearly erroneous. We affirm.

ISSUE [¶2] The issue for our determination is whether... More...   $0 (7/20/2007 - WY ) 0

Hladky Construction Inc. sued the City of Gillette, Wyoming for breach of the covenant of good faith and fair dealing relating to a construction contract. The lawsuit arose from a construction project at City Hall in which the building was expanded and remodeled. The work began August 2000 and was finished in August 2002. Plaintiff claimed that... More...   $1,130,000 (6/30/2007 - WY ) 1130000

Plaintiff Dr. Robert L.G. Stears appeals from the district court's grant of summary judgment in favor of the Board of Trustees of Sheridan County Memorial Hospital (the "Hospital"). He argues that when the Hospital entered into an exclusive contract with another radiologist services provider, he was deprived of his clinical privileges, a right ... More...   $0 (6/30/2007 - WY ) 0

Stephen James Winegeart appeals the district court's decision to deny him summary judgment and instead grant summary judgment to American Alternative Insurance Corporation (AAIC) in this insurance coverage dispute. We have jurisdiction under 28 U.S.C. § 1291, and we AFFIRM.

I.

Mr. Winegeart is a volunteer fireman for Laramie County F... More...   $0 (4/17/2007 - WY ) 0

[¶1] Ronald Snelling bought land near Story, Wyoming, on which to build a home. He hired Andy Roman to do dirt work at the home site. Snelling was living in Minnesota when most of Roman’s work was completed but periodically visited the home site in Wyoming to inspect the progress of the construction. Snelling paid a portion of Roman’s bill... More...   $0 (4/3/2007 - WY ) 0

[¶1] Dr. Shelly Shepard (“the appellant”) appeals a judgment and order of the district court finding that Dr. David Beck (“the appellee”) did not breach an employment agreement with the professional corporation formed between the appellant and the appellee, Associates in Obstetrics/Gynecology, P.C. (“the corporation”), and ordering the corpo... More...   $0 (4/3/2007 - WY ) 0

[¶1] Glen R. Wayt appeals from the district court’s summary judgment order quieting title to certain Natrona County real property in Heather M. Urbigkit. He claimed that a warranty deed which conveyed property from him to Ms. Urbigkit was forged and was not supported by adequate consideration. The district court relied upon the statutory pre... More...   $0 (3/2/2007 - WY ) 0

LThe conservator sued mine manager Kevin Hampleman and safety manager Michael Hannifan on negligence theories claiming that he suffered severe spinal cord injuries in January 2002 when a large rock crashed down on a vehicle he was operating in the mine operated by Thunder Basin Coal Company. Plaintiff claimed Hampleman and Hannifan ignored condi... More...   $9,500,000 (2/17/2007 - WY ) 9500000

Jack Sells sued HEJE, Inc. d/b/a Outlaw Saloon on a Dram Shop theory for the wrongful death of Dwayne Sells who was killed on April 23, 2005. Dwayne Sells died after suffering a head injury while being escorted from the bar. Plaintiff claimed that his son died as a result of a fight and a fall in the saloon.

Defendant claimed that the dec... More...   $0 (2/16/2007 - WY ) 0

Plaintiff William Boswell appeals the district court's(1) order granting summary judgment in favor of defendants on his claims of negligence and premises liability. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

Background

Mr. Boswell, a Nevada citizen, was employed by Freedom Trucking and F & L Trucking (Freedom) as a c... More...   $0 (2/13/2007 - WY ) 0

[¶1] Robert E. Hincks was injured when the vehicle in which he was riding struck a cow. He filed negligence claims against the driver of the vehicle, David E. Carpenter, and the owner of the cow, Walton Ranch Company (Walton). He settled his claims against Mr. Carpenter. Mr. Hincks and Walton proceeded with discovery and Walton filed a motion... More...   $0 (1/25/2007 - WY ) 0

[¶1] After a bench trial, the district court ruled in favor of Lucerne Canal and Power Company in a quiet title action that developed out of a festering easement dispute with Thomas L. Wilson and Helen L. Wilson. We affirm in part and reverse in part, and remand for further proceedings consistent herewith.

ISSUES

[¶2] 1. Are the W... More...   $0 (1/25/2007 - WY ) 0

[¶1] Peter and Sylvia Steiger are husband and wife and own a tract in Happy Valley subdivision near Cheyenne where they reside. The Happy Valley Homeowners Association (HoA) claim the Steigers are in violation of a protective covenant and brought the instant action to enforce the covenant. The district court granted summary judgment to the H... More...   $0 (1/25/2007 - WY ) 0

[¶1] Christine Witherspoon (Witherspoon) filed an action alleging that Dr. Maura Lofaro and Teton Laser Center, LLC (collectively the Defendants) had negligently administered an intense pulsed light (IPL) hair removal treatment causing her to suffer burning and scarring. The parties entered into a stipulation allowing Witherspoon‟s d... More...   $0 (1/25/2007 - WY ) 0

Plaintiffs Sharon Muller and Jeff Muller appeal from the judgment entered in favor of defendant Jackson Hole Mountain Resort Corporation ("the Resort") on the Mullers' negligence claim. After a three-day trial before a magistrate judge, a jury determined that the injuries that Sharon suffered while attempting to board a gondola were an inherent... More...   $0 (12/29/2006 - WY ) 0

[¶1] Appellees, K.C. Miller, et al. (hereinafter referred to collectively as “Miller”), own and operate a stock reservoir located south and east of real property owned by Philip Hoy and Philip’s Welding Services, Inc. (hereinafter referred to collectively as “Hoy”). Hoy sued Miller, claiming that water seeping out of Miller’s reservoir had damag... More...   $0 (12/5/2006 - WY ) 0

Plaintiffs Notwen Corporation, WCN/GAN Partners Ltd., and William C. Newton (collectively, "Notwen plaintiffs" or just "plaintiffs,")(1) were insured under a businessowners liability policy issued in Wyoming by defendant American Economy Insurance Company (AEIC). The policy covered, among other things, unintended and unexpected property damage c... More...   $0 (12/5/2006 - WY ) 0

[¶1] Richard B. Osborn appeals a decision of the district court ordering him to remove “all junk and debris” placed by him along an access easement he holds over the land of Russell Kilts. Osborn claims that he owns the access road and can properly exclude Kilts, and also that he has the right to maintain his road as he sees fit. Finding no meri... More...   $0 (11/8/2006 - WY ) 0

[¶1] In this mortgage foreclosure action, the district court declined to apply the doctrine of equitable subrogation and instead strictly applied Wyoming’s “first in time is first in right” recording statute. The result was an order granting summary judgment in favor of First National Bank of Steamboat Springs, N.A. (First National Bank), ... More...   $0 (10/19/2006 - WY ) 0

[¶1] The beneficiaries of a trust filed a complaint against their trustee, Wells Fargo Bank Wyoming, N.A. (Wells Fargo), claiming it breached its fiduciary duties. After a bench trial, the district court held generally for the beneficiaries. Wells Fargo appealed, asserting several points of error in the trial court’s findings. The beneficiar... More...   $0 (10/13/2006 - WY ) 0

Kathleen Milligan-Hitt and Kathryne R. Roberts sued Sheridan County School District No. 2 for discriminating against them because of their sexual orientation when they applied for administrative positions at the new consolidated school district.

The defenses asserted by Defendant are not available other than it claimed that the admini... More...   $160,000 (8/12/2006 - WY ) 160000

Nick J. Brandolino petitions this court for review of a decision of the Benefits Review Board of the Department of Labor (Board) affirming an administrative law judge's (ALJ) denial of benefits to Mr. Brandolino under the Black Lung Benefits Act, 30 U.S.C. 901-944 (the "Act"). Mr. Brandolino had argued to the Board that the ALJ's decision should... More...   $0 (5/16/2006 - WY ) 0

In the spring of 2001, Cannon Oil & Gas Well Service, Inc., a Wyoming corporation, hired Mr. Carpenter as a floor hand. From its Rock Springs, Wyoming office which issued his paychecks, Cannon later dispatched Mr. Carpenter and two other employees to perform a workover operation on an oil well owned by Tom Brown, Inc., located in Rio Blanco Coun... More...   $0 (2/15/2006 - WY ) 0

Marvin Applequist, Bruce Reed and Val Jones sued Alan Veys for breaching the contract between the parties relating to sale and purchase of the Pybus Point Lodge on Admiralty Island in Alaska. Pybus Point Lodge is located on the only private property on a 100-mile-long island, which is a national monument. The contract had a forum shopping clause... More...   $3,000,000 (12/17/2005 - WY ) 3000000

[¶1] Carly Mesa Cathcart1 was the driver of an automobile involved in a one car rollover. The automobile belonged to her grandparents and was insured by State Farm Mutual Automobile Insurance Company (State Farm). Following the accident, State Farm paid Ms. Cathcart $75,000 under the uninsured motorist coverage provision of the policy to settle ... More...   $0 (12/17/2005 - WY ) 0

Appellants Geyser Products of Wyoming, LLC and Michael Vance (collectively, "Geyser") appeal from the district court's grant of summary judgment in favor of Appellee American National Fire Insurance Company ("American") in a dispute turning on the scope of coverage of an American excess umbrella policy. Geyser seeks recovery under a judgment en... More...   $0 (12/16/2005 - WY ) 0

[¶1] Appellants, Cecil Cundy and Sundance Mountain Resort, Inc. (collectively Cundy), seek review of summary judgment orders issued by the district court. Those orders prohibited Cundy from interfering with the existing rights-of-way enjoyed by Appellees, Range Telephone Cooperative, Inc. (Range Telephone) and Union Telephone Company (Union Tele... More...   $0 (12/1/2005 - WY ) 0

Petitioner Josef Schroeck is a native and citizen of Germany facing removal from this country. He petitions for review of a decision of the Board of Immigration Appeals (Board) that affirmed a decision of an immigration judge (IJ) that denied, as a matter of discretion, his applications for a waiver of inadmissibility under 8 U.S.C. § 1182(h)(... More...   $0 (11/22/2005 - WY ) 0

Plaintiff Rudy Stanko, proceeding pro se, appeals from the district court's order granting summary judgment to defendant Jim Maher(*) on Mr. Stanko's complaint alleging violations of his constitutional rights.(2) We affirm the entry of summary judgment in favor of Mr. Maher.(3)

FACTS

Mr. Stanko is a resident of Gordon, Nebraska who... More...   $0 (8/18/2005 - WY ) 0