Clifford C. Bain v. City of Cheyenne and Edward Brookman

Cheyenne, Wyoming personal injury lawyers represented the Plaintiff on a governmental tort claimed negligence claim.



On November 5, 2021, a Cheyenne City Transit bus driven by Edward Brookman hit Mr. Bain, who was driving his motorcycle. Mr. Bain suffered extensive and permanent injuries as a result of the collision. On September 25, 2023, Mr. Bain submitted a governmental claim to the City pursuant to the WGCA. On January 19, 2024, he filed a complaint against Mr. Brookman and the City, seeking to recover damages for his injuries from the crash. Mr. Brookman and the City admitted liability and sought to interplead all potential claimants and deposit $250,000 with the clerk of court, alleging that amount reflected the maximum potential liability for a single occurrence under the WGCA as provided by§ 1-39-118(a)(i).



On April 12, 2024, Mr. Bain filed a motion for partial summary judgment asking the district court to find § 1-39-118(a)(i)'s "limitation on damages” unconstitutional under Article 10, § 4(a) of the Wyoming Constitution. After a hearing, the district court denied 2the motion for partial summary judgment and held § 1-39-118(a)(i) is not a limitation on damages prohibited by Article 10, § 4(a).

The district court correctly concluded § 1-39-118(a)(i) does not violate Article 10, § 4(a)of the Wyoming Constitutionbecause it is not a limitation on damages but instead limits the scope of the waiver of governmental immunity in the WGCA. Accordingly, Mr. Bain has not met his burden ofestablishing § 1-39-118(a)(i) is unconstitutional.