[¶1] Alan Lords hired Joshua Collings to assist him in restoring an older home. Collings was injured while using Lords’ table saw. Collings filed a complaint, alleging negligence on the part of Lords. The district court granted summary judgment for Lords, and we affirm.

ISSUE

[¶2] Collings states the single issue as follows:

Did the District Court err in granting summary j... More...   $0 (11-06-2009 - WY)

Dr. Marvin Wayne Couch appeals from summary judgment entered in favor
of defendants, Memorial Hospital of Carbon County (“MHCC�), a small rural
hospital where he has staff privileges, the hospital’s chief administrator, and six
of the ten other physicians who have privileges at MHCC. Dr. Couch brought this
action, pursuant to 42 U.S.C. § 1983, to remedy an alleged deprivatio... More...   $0 (11-17-2009 - WY)

Matthew Miller appeals from the district court’s order denying him qualified immunity against Samuel Rhoads’ 42 U.S.C. § 1983 claim that Deputy Miller subjected him to excessive force while booking him into the Big Horn County Jail. We affirm.

Background

On December 1, 2005, Deputy Ben Mayland responded to a complaint that a drunken man in a wheelchair – Mr. Rhoads – was thr... More...   $0 (11-05-2009 - Wy)

[¶1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophy‘s vehicle and a semitruck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.

[¶2] I... More...   $18069257 (11-04-2009 - WY)

[¶1] Appellees/Intervenors, Robert and Gisela Baltensperger (“the Baltenspergersâ€�), applied for and were granted the necessary permits allowing them to construct a barn/equestrian center on their property in Teton County, Wyoming. Appellants, Ernest and Martha Anderson (“the Andersonsâ€�), objected to the construction permits and appealed to the Board of County Commissioners of Teton County... More...   $0 (10-08-2009 - WY)

[¶1] Appellants, CBM Geosolutions, Inc. (CBM), Bret Noecker, and Brian LaReau, request relief from a preliminary injunction granted by the district court to Appellee, Gas Sensing Technology Corp. (GST), during an underlying lawsuit to enforce non-compete and non-disclosure agreements between the parties. Finding correct application of the law, and no abuse of discretion, we affirm.

ISSUES<... More...   $0 (09-14-2009 - WY)

[¶1] David K. Stone and Nicholas B. Loundagin assigned their operating rights under a state oil and gas lease to Devon Energy Production Company, L.P. (Devon) and Carpenter & Sons, Inc. (Carpenter). When Devon and Carpenter did not offer to reassign the operating rights to them six months before the lease expiration date, Mr. Stone and Mr. Loundagin filed an action against them for breach of cont... More...   $0 (10-01-2009 - WY)

Appellants, referred to collectively hereafter as “Gallatin,â€� argue that the district court made a number of errors in entering an order of condemnation in favor of appellee Burlington Northern Santa Fe Railway Company (“BNSFâ€�) in regard to the 50-foot wide tract of land described in the caption (50-foot tract). Gallatin asserts six points of error. Because we find that none of them have m... More...   $0 (09-04-2009 - WY)

[¶1] Lamar Advertising (Lamar) appeals from the district court‟s order granting summary judgment in favor of Larry and Vickie Nicholls, LLC (Nicholls). The district court ruled that a lease allowing Lamar to maintain a billboard on Nicholls‟ property was void as an unreasonable restraint on alienation. We conclude that the district court applied the wrong legal test when it considered the rea... More...   $0 (08-11-2009 - WY)

[¶1] Appellant, Aviat Aircraft, Inc. (Aviat), seeks review of the district court’s “Judgment in Accordance with Verdict.â€� We will explain the details below, but we briefly note here that Aviat actually appealed from a decision of the district court that was made independent of, but which was subsumed into, the above identified “Judgment.â€� We also note that Aviat filed a motion for new t... More...   $0 (08-14-2009 - WY)

[¶1] Philip and Letitia Abromats request relief from summary judgment granted to Don and Brenda Wood, claiming that the district court erred when it found that one allegedly defamatory statement contained in a victim impact statement was not libel per se and that the other allegedly defamatory statement was protected by qualified immunity as a statement concerning a common interest. The Woods, in... More...   $0 (08-26-2009 - WY)

[¶1] Appellant, Bonnie A. McCann (McCann), seeks review of the district court‟s order granting summary judgment in favor of Appellee, City of Cody. McCann was injured in an automobile accident which she claimed was caused by the negligence of the City of Cody and its contractor, Harris Trucking and Construction Company (Harris). The district court granted summary judgment in Cody‟s favor beca... More...   $0 (07-06-2009 - WY)

[¶1] Appellants, Wesley White and Carole Kenney, challenge the district court’s order dismissing their complaint pursuant to W.R.C.P. 37(b)(2)1 as a sanction for their failure to comply with two orders compelling discovery. We affirm.

ISSUE

[¶2] Did the district court abuse its discretion when it dismissed Appellants’ cause of action pursuant to W.R.C.P. 37(b)(2)?

... More...   $0 (07-10-2009 - WY)

[¶1] In this appeal, we are called upon to consider three interrelated aspects of this case. All three matters arise out of the same set of factual circumstances which, in brief, are that Jose Loredo was seriously injured on August 14, 2002, when tons of rock fell on him in a Sweetwater County trona mine. At the time of the incident, Loredo was operating a roof bolting machine manufactured by Joy... More...   $0 (07-28-2009 - WY)

[¶1] Deborah McGarvey filed a wrongful termination suit against her employer, claiming that she was discharged from her job for reasons that violate public policy. The district court granted summary judgment for the employers, ruling that Ms. McGarvey had not presented facts necessary to sustain her cause of action. Ms. McGarvey challenges that decision. We will affirm.

ISSUES

[¶2]... More...   $0 (07-01-2009 - WY)

[¶1] Appellant, Bonnie A. McCann (McCann), seeks review of the district court‟s order granting summary judgment in favor of Appellee, City of Cody. McCann was injured in an automobile accident which she claimed was caused by the negligence of the City of Cody and its contractor, Harris Trucking and Construction Company (Harris). The district court granted summary judgment in Cody‟s favor beca... More...   $0 (07-06-2009 - WY)

Save Our Snowplanes, a group of snowplane enthusiasts, challenged a National Park Service (“NPSâ€�) winter use rule eliminating snowplanes in Grand Teton National Park. It alleged violations of both the Administrative Procedure Act (“APAâ€�) and National Environmental Policy Act (“NEPAâ€�). But we cannot redress Save Our Snowplanes’ alleged injury because the complaint challenged a winter ... More...   $0 (06-02-2009 - WY)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Sundai Balander is before the court a second time in this case. We previously affirmed the district courtâ€... More...   $0 (05-19-2009 - WY)

[¶1] William F. West Ranch, LLC (West) and the Turners (Turner) appeal the district court‘s determination that it did not have jurisdiction over their declaratory judgment action challenging the Wyoming State Engineer‘s and Wyoming Board of Control‘s (hereinafter referred to collectively as ―the State‖) administration of underground water produced and stored as part of the process of ex... More...   $0 (05-07-2009 - WY)

[¶1] Rebecca J. Luhm worked for the Board of Trustees of Hot Springs County School District No. 1 (the School District) as a guidance counselor. In 2006, Luhm filed a complaint alleging the School District terminated her from her job with the School District in a manner that violated law. Luhm contended she was a “teacherâ€� as defined by the Wyoming Teacher Employment Law (WTEL), Wyo. Stat. An... More...   $0 (05-12-2009 - WY)

[¶1] Theresa and Juan Piña brought an action against Dr. Charles Christensen for medical malpractice. After a jury trial, the jury found no negligence on the part of Dr. Christensen. The Piñas appeal, arguing the jury instructions misled the jury as to the appropriate standard of care. Finding no error in the jury instructions, we affirm.

ISSUE

[¶2] The Piñas present the iss... More...   $0 (05-13-2009 - WY)

Plaintiff-Appellant Smithfork Grazing Association (“Smithsforkâ€�) is an association of ranchers who hold federal grazing permits entitling them to run livestock on an allotment in southwestern Wyoming. After the Bureau of Land Management (“BLMâ€�) issued decisions modifying the terms and conditions of these permits, Smithsfork petitioned for a stay of the decisions pending an administrative a... More...   $0 (05-05-2009 - WY)

Edward Poche and his wife sued doctors Raoul Joubran, Mary MacGuire and another doctor on medical negligence (medical malpractice) theories claim that the care that he received from Defendants was below the standard of care. Plaintiffs further claimed that the abdominal surgery performed on him in 2005 was negligently performed and, as a direct result, he was injured and had to have additional su... More...   $1980000 (04-10-2009 - WY)

[¶1] Appellants, Mark and Laura Voss, request relief from a district court decision in a declaratory judgment action finding that the Albany County Board of County Commissioners (Board) did not have authority to grant Appellants temporary access across Appellee‟s, Beverly Goodman‟s, land during a private road condemnation case.

ISSUES

[¶2] 1. Did the district court have jur... More...   $0 (03-18-2009 - WY)

[¶1] Brett Cramer brought suit against the owner and the operator of the Caballo Mine, seeking to hold them liable for damages he suffered in an accident that occurred while he was working at the mine site. The trial resulted in a jury verdict against Mr. Cramer, and the district court entered judgment against him. Mr. Cramer appeals, claiming that the district court erred in numerous pretrial an... More...   $0 (03-31-2009 - WY)

Plaintiff-Appellant James F. Ripley (“Dr. Ripleyâ€�) appeals the district court’s order granting summary judgment in favor of Defendants-Appellees on his 42 U.S.C. § 1983 due process claim. Defendants-Appellees are former or current administrators or board members of Wyoming Medical Center, along with Wyoming Medical Center itself, and are hereinafter collectively referred to as “Wyoming Me... More...   $0 (03-16-2009 - WY)

[¶1] Appellants Darold and Kathleen Shores (“the Shoresâ€�) appeal from the district court’s order entering judgment in favor of appellees Roy and Anne Bucklin (“the Bucklinsâ€�) quieting title to a parcel of land in Big Horn County, Wyoming. The court ruled that summary judgment was proper, in that the Shores did not have evidence to support a “color of titleâ€� theory. Also, there was ... More...   $0 (01-22-2009 - WY)

[¶1] Steven and Joyce Krenning brought suit against the Heart Mountain Irrigation District and its employee, James Flowers, seeking recovery for personal injuries Mr. Krenning suffered in an altercation with Mr. Flowers. The district court ruled that the Irrigation District and Mr. Flowers were immune from liability pursuant to the Wyoming Governmental Claims Act (WGCA), and granted summary judg... More...   $0 (01-29-2009 - WY)

[¶1] Appellant, Margaret Dickson (Dickson), seeks review of a district court order which quieted title to the property at issue in this appeal, to Dickson and the Appellee, the Estate of John Emmanuel Thomas (Thomas), “in equal shares as tenants in common.â€� Thomas was Dickson‟s brother. Dickson contends that the quiet title action should have resulted in recognition that the two siblings h... More...   $0 (01-29-2009 - WY)

[¶1] Foxley & Co. (hereinafter referred to as “Foxleyâ€�) is a corporation involved in cattle ranching operations. John R. and Patricia A. Ellis are husband and wife. They were the owners of a ranch near Medicine Bow, Wyoming, commonly known as the Difficulty Creek Ranch, which they sold to Foxley. Foxley claims the Ellises never informed it of a common use agreement with a neighboring ranch t... More...   $0 (02-11-2009 - WY)

[¶1] This is an appeal from summary judgment granted against appellant Corrine Sheaffer (“Sheafferâ€�) and for appellees the State of Wyoming ex. rel. the University of Wyoming (“UWâ€�) and its employees Richard Johnson, Kevin White, and Bruce Hooper (“Johnson,â€� “White,â€� and “Hooperâ€�). Sheaffer worked for UW for over twenty-five years. After her involvement in an illicit audio ta... More...   $0 (02-18-2009 - WY)

[¶1] The district court confirmed the execution sale of Mr. Cook’s Albany County real property to satisfy two Colorado judgments. On appeal, Mr. Cook claims that the filing of the foreign judgments was insufficient pursuant to the Uniform Enforcement of Foreign Judgments Act, the property was not available for execution, the district court did not allow him the proper redemption period and he ... More...   $0 (02-19-2009 - WY)

[¶1] Brenda Bangs, who claims that attorney Robert E. Schroth, Sr., undertook and then mishandled her legal representation by failing to timely commence medical malpractice litigation against two doctors, appeals the district court’s grant of summary judgment to Mr. Schroth in her legal malpractice action against him. Because Mr. Schroth has not established a prima facie case entitling him to ... More...   $0 (02-19-2009 - WY)

[¶1] The appellants, Gerald Schmidt and Hank Melcher, were general partners in Triple B Limited Partnership 1998B (Triple B).1 The Triple B partners voted to dissolve and liquidate the partnership, and appointed appellee Karl Killmer to act as liquidating trustee to wind up the partnership‟s affairs. Following liquidation of the partnership and distribution of its assets, the appellants filed ... More...   $0 (02-23-2009 - WY)

[¶1] Four “Hâ€� Ranches Architectural Control Committee (ACC) brought suit on behalf of adjoining landowners in a residential subdivision located in Laramie County, Wyoming, to enforce the subdivision‟s declaration of protective covenants and enjoin the construction or improvements of several buildings by Vargas Limited Partnership, a defunct Wyoming Limited Partnership, and Kit Martin, indi... More...   $0 (02-25-2009 - WY)

Plaintiff-Appellant, Teton Millwork Sales (“TMSâ€�), appeals from the district court’s order granting Defendant-Appellee Roger Schlossberg’s motion to dismiss the action based upon absolute judicial immunity and lack of personal jurisdiction. As Mr. Schlossberg now consents to personal jurisdiction, Aplee. Br. at 1, the issue on appeal is whether the district court properly dismissed the cla... More...   $0 (02-10-2009 - WY)

Plaintiff-Appellant, Teton Millwork Sales (“TMSâ€�), appeals from the district court’s order granting Defendant-Appellee Roger Schlossberg’s motion to dismiss the action based upon absolute judicial immunity and lack of personal jurisdiction. As Mr. Schlossberg now consents to personal jurisdiction, Aplee. Br. at 1, the issue on appeal is whether the district court properly dismissed the cla... More...   $0 (02-11-2009 - WY)

[¶1] This case comes before us for a second time. Previously, we reversed a judgment in favor of Appellee, John Thorkildsen, because the district court specifically declined to consider parol evidence of an alleged oral agreement regarding repayment of the loan at issue in this case.1 Following remand, the district court once again entered judgment in favor of Mr. Thorkildsen. The district court ... More...   $0 (12-10-2008 - WY)

[¶1] Appellants (Sellers) filed suit against Appellees (Buyers) alleging breach of a real estate sales contract. In response, Buyers sought dismissal and judgment on the pleadings asserting that the claims were barred by the applicable statute of limitations. The district court granted the motions. Sellers appeal, contending that the doctrine of equitable estoppel precludes Buyers from asserting ... More...   $0 (12-17-2008 - WY)

[¶1] Elsie Jedrzejewski, through her estate, is appealing the district court‟s decision upholding a deed of her residence in favor of Janet Bierma. Jedrzejewski alleges Bierma obtained her signature on the deed by wrongful act. She also claims the deed is unenforceable due to lack of consideration and lack of proper notarization. Finding no error in the district court‟s decision, we affirm.More...   $0 (12-18-2008 - WY)