STATUTE OF LIMITATIONS
- Personal Property4 YearsWyo. Stat. § 1-3-105(a)(iv)(C)
- Personal Injury/Death4 YearsWyo. Stat. § 1-3-105(a)(iv)(C)
- Personal Injury/Wrongful Death2 YearsWyo. Stat. § 1-38-102(d)
- Personal Injury/Med Malpractice2 YearsWyo. Stat. § 1-3-107(a)(I) and (a)(iv)
- Personal Injury/Med Malpractice/Discovered in 2nd Year6 Mo. Ext.Wyo. Stat. § 1-3-107(a)(I) and (a)(iv)
- Breach of Contract/Written10 YearsWyo. Stat. § 1-3-105(a)(i)
- Breach of Contract/Oral8 YearsWyo. Stat. § § 1-3-105(a)(ii)(A)
- Breach of Contract/Sale of Goods4 YearsWyo. Stat. § 34.1-2-275
- Statute of Repose/ProductsN/AN/A
- Statute of Repose/Real Property10 YearsWyo. Stat. § 1-3-111*
- Breach of Warranty/U.C.C.4 YearsWyo. Stat. § 34.1-2-725
- Workers’ Compensation4 YearsWyo. Stat. § 27-14-105
- Strict Product Liability4 YearsWyo. Stat. § 1-3-105(a)(iv)(C); Ogle v. Caterpillar Tractor Co., 716 P.2d 334 (Wyo. 1986).
Statute of Limitations Exceptions
*10 years from substantial completion of improvement to real property. Wyo. Stat. § 1-3-111.
Contributory Negligence/Comparative Fault
Modified Comparative Fault: 51% Bar. Damaged party cannot recover if it is 51% or more at fault. If 50% or less at fault, it can recover, although its recovery is reduced by its degree of fault. Plaintiff’s own negligence will never bar recovery completely, but may limit their recovery in proportion to their liability. Wyo. Stat. § 1-1-109(b).
Med Pay/PIP Subrogation
Med Pay: Yes. Subrogation allowed notwithstanding non-assignability of personal injury claims. Northern Utilities Div. of K.N. Energy, Inc. v. Town of Evansville, 822 P.2d 829 (Wyo. 1991). The four (4) year personal injury statute of limitations runs from the date of the insured’s accident. Wyo. Stat. § 1-3-105(a) (1999).
PIP: Coverage not applicable.
Deductible Reimbursement
Automobile: Full Deductible Reimbursed If Recovery. Wyo. Stat. § 26-13-113 provides: “If insurer pays loss claim to its insured and insurer decides to subrogate insured’s loss claim, deductible amount shall be included in subrogated loss claim and insurance carrier shall pay deductible amount to its insured, without any deduction for expenses of collection, out of any recovery on subrogated claim, before any part of recovery is applied to any other use. If amount of deductible exceeds recovery, insurer shall pay only amount of recovery to insured.”
No specific requirement to include deductible in demand but must reimburse insured full deductible from any recovery.
Property: None.
Made Whole Doctrine
There are no reported decisions dealing with the Made Whole Doctrine in the State of Wyoming. To make matters worse, the 10th Circuit, in which Wyoming sits, has yet to decide whether the 10th Circuit will adopt the Made Whole Doctrine under federal common law for interpretation of ERISA Plans. Alves v. Silverado Foods, Inc., 6 Fed. Appx. 694 (10th Cir. 2001). The 10th Circuit recognized the Made Whole Doctrine as a creature of equitable insurance law wherein an insured is entitled to receive recovery for a loss and a subrogated carrier is not entitled to subrogate until the insured has been made whole for all of its damages, yet it failed to adopt this Doctrine. Id.
Despite the complete lack of any precedent employing the Made Whole Doctrine in Wyoming, some plaintiff’s lawyers are trying to apply the doctrine by recycling a 1981 letter written by State District Judge Terrence O’Brien (Letter dated August 31, 1981 from Wyoming District Judge Terrence O’Brien to several judges in the pending case of Blue Cross and Blue Shield v. Rasmussen, et. al., Civil No. 11165), which purports to apply the Made Whole Doctrine in an unrecorded case styled Rasmussen, et. al., which involved health insurance benefits provided by Blue Cross and Blue Shield pursuant to a Master Contract between the employee and employer and cited to the Washington Supreme Court opinion of Thiringer for the proposition that Blue Cross could not recover its $12,000 in medical benefits because the third-party carrier had liability limits of only $25,000 and the insured’s damages were in excess of that amount. Thiringer v. American Motors Ins. Co., 588 P.2d 191 (Wash. 1978) (This case established the Made Whole Doctrine in the State of Washington.) The letter does not even constitute a trial court order and is of no precedential value in Wyoming.
Economic Loss Doctrine
Majority Rule. Recovery under tort law is not allowed where the claim is solely for economic damages unaccompanied by personal injuries or damage to other property. Only theories allowed are breach of warranty or breach of contract. Continental Ins. Co. v. Page Eng’g Co., 783 P.2d 641 (Wyo. 1983).
Landlord/Tenant Subrogation
Although Wyoming has not directly addressed this issue, the Wyoming Supreme Court has intimated that it views a contractual provision to provide specific insurance as a waiver of subrogation rights with regard to the risk insured against. Berger v. Teton Shadows, Inc., 820 P.2d 176 (Wyo. 1991).
Spoliation
Tort of Spoliation: Rather than recognize an independent tort claim for fraudulent creation of evidence (or spoliation of evidence), Wyoming law allows courts to draw an adverse inference against a party responsible for losing or destroying evidence. Coletti v. Cudd Pressure Control, 165 F.3d 767, 775-776 (10th Cir. 1999) (applying Wyoming law).
Adverse Inference: It is well-settled that a party’s bad-faith with holding, destruction, or alteration of a document or other physical evidence relevant to proof of an issue at trial gives rise to a presumption or inference that the evidence would have been unfavorable to the party responsible for its non-production, destruction, or alteration. The Wyoming Supreme Court stated that, “for example, in a negligence action, where a party demonstrates that evidence was concealed or destroyed in bad faith (either deliberately or with reckless disregard for its relevance), that fact should be admitted, counsel should be permitted to argue the inference to the jury, the court should instruct the jury as to the inference, and the jury may infer that the fact would have helped prove negligence; a court’s refusal may be an abuse of discretion. Indeed, some courts have held that such destruction creates a presumption that shifts the burden of production, or even persuasion, to the party responsible for the destruction.” Abraham v. Great Western Energy, LLC, 101 P.3d 446, 455-456 (Wyo. 2004).
Sanctions: “Where the evidence, rather than being destroyed, has been tampered with in bad faith, a court has the option of excluding it, thus denying its use by the tampering party. Where the alteration is not in bad faith and is not so egregious, however, the evidence itself should be admitted, together with information relating to how it was altered, and counsel may argue the issue to the jury. Id. Where the loss or destruction of evidence is not intentional or reckless, by contrast, some courts give the trial court discretion to admit or exclude testimony relating to the missing evidence, and discretion to give or withhold a ‘missing evidence’ instruction and a court should refuse to give such instruction if the non-produced evidence is cumulative or of marginal relevance. Id.”
In a case that warrants imposition of a sanction against the spoliating party, the court may choose to instruct the jury on the “spoliation inference,” i.e., inform the jury that the lost evidence is to be presumed unfavorable to that party; preclude the spoliating party from introducing expert testimony concerning testing on the missing product or other evidence concerning the product; or dismiss the plaintiff’s claim or the defendant’s defense or grant summary judgment to the innocent party. Abraham v. Great Western Energy, LLC, 101 P.3d at 455-456, citing Richard E. Kaye, Annotation, Effect of Spoliation of Evidence in Products Liability Action, 102 A.L.R. 5th 99-100 (2002).
Parental Responsibility
Willful Misconduct. Liability imposed on parents if child willfully damages or destroys property. Wyo. Stat. § 14-2-203.
The limit of liability is $2,000.00 plus costs. Child must be between 10 and 18.
Contribution Actions
Pure Several Liability. Several liability with each defendant only paying their share of the liability. Wyo. Stat. § 1-1-109; Pinnacle Bank v. Villa, 100 P.3d 1287 (Wyo. 2004).
Joint and several liability has been abolished. No right of contribution exists. Anderson Highway Signs & Supply, v. Close, 6 P.3d 123 (Wyo. 2000).
Suspension of Drivers' Licenses
Administrative Suspension: If, within 30 days after a demand for additional security, none is forthcoming, the license of the uninsured driver will be suspended by the Division. Wyo. Stat. § 31-9-202. The license will not be reinstated unless and until the driver posts the required security or, one year has elapsed and no action for damages has been filed. Wyo. Stat. § 31-9-205.
Judgment: Upon receipt of the judgment, the Division will immediately suspend the license and registration of the judgment debtor. Wyo. Stat. § 31-9-302. The suspension will continue until the judgment is stayed, satisfied, or discharged. Wyo. Stat. § 31-9-303.
Contact Information: State of Wyoming, Department of Transportation, Division of Driver Services, 5300 Bishop Blvd., Cheyenne, WY 82009-3340, (307) 777-4800 or (307) 777-4810, http://www.dot.state.wy.us/driverservices.
Anti-Indemnity Statutes
No Statute.
Diminution of Value
First Party: In a construction defect claim, the Wyoming Supreme Court has found that diminution in value was an element of damage in an inverse condemnation case. Miller v. Campbell County, 901 P.2d 1107 (Wyo. 1995).
Third Party: No court decisions regarding recovery allowed for diminution in value of a damaged vehicle in a third-party claim.
Recording Conversations
One-Party Consent: It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act. Wyo. Stat. Ann. § 7-3-702.
Criminal Restitution
The applicable Wyoming statute covering restitution allows for recovery against a liable criminal defendant by the “victim” affected by the criminal conduct. Wyo. Stat. Ann. § 7‐9‐101(a)(v). Strangely, an insurer which has paid part of a victim’s pecuniary damages can qualify as a “victim” and, therefore, have a claim to restitution payments, but only if it does not have a right of subrogation and the insured has no duty to pay the proceeds of restitution to the insurer. Wyo. Stat. Ann. § 7‐9‐101(a)(v); Meerscheidt v. State, 931 P.2d 220 (Wyo. 1997).
Health and Disability Insurance
Statute of Limitations: Personal Injury – 4 Years. W.S. § 1-3-105(a)(iv)(C). Wrongful Death – 2 Years. W.S. § 1-38-102(d). Medical Malpractice – 2 Years, unless discovery in second year, then extended by 6 months. Wyo. St. §§ 1-3-107(a)(i) and (a)(iv).
Subrogation of Medical and Disability Benefits are allowed. Stilson v. Hodges, 934 P.2d 736 (Wyo. 1997).
Made Whole Doctrine does not apply. Wyoming has not adopted the Made Whole Doctrine. See e.g., Nat’l Union Fire Co. of Pittsburgh, PA. v. Toland, 2016 WL 873005, (D. Wyo. Feb. 17, 2016).
Common Fund Doctrine does not apply. Bd. of County Comm’rs of County of Platte v. State ex rel. Yeadon, 971 P.2d 129 (Wyo. 1998) (court decided that Common Fund Doctrine, an issue of first impression, was not properly raised).
Funeral Procession Traffic Laws
Wyoming law gives the right-of-way to a procession led by a funeral car or escorted by a police car and displaying flashing lights. The lead car must comply with traffic lights or signs, but the vehicles following need not stop if their headlights are on. The procession must yield to emergency vehicles. Wyo. Stat. § 31-5-123.
Workers’ Compensation
Statute of Limitations: 4 Years. Wyo. Stat. § 27-14-105.
Can Carrier Sue Third Party Directly: Yes, 15 days notice.
Intervene: Yes.
Recovery from UM/UIM Benefits: Undecided.
Subrogation Against Medical Malpractice: Undecided.
Subrogation Against Legal Malpractice: Undecided.
Recovery Allocation/Equitable Limitations: First money right of recovery.
Employer Contribution/Negligence: No.
Attorney’s Fees/Costs: No.
Future Credit: No, must recover in third-party suit.
Auto No-Fault: No.
Dog Bite Laws
Dog owner will be liable if the victim can prove negligence or knowledge of the dog’s dangerous propensities. Borns ex rel. Gannon v. Voss, 70 P.3d 262 (Wyo. 2003).
Employee Leasing Laws
The Wyoming Workers’ Compensation Act defines a temporary service contractor as an entity that employs individuals directly for the purpose of furnishing services of the employed individuals on a temporary basis to others. Wyo. St. § 27-14-102(a). The Act also designates that the employer is considered to be the entity utilizing the services of a worker furnished by another, except in the instance of a temporary service contractor. Wyo. St. § 27-14-102(a). The entity considered the employer is immune from third-party actions by virtue of the exclusive remedy provisions of the Act.
Condominium Waiver of Subrogation Laws
No waiver of subrogation required. Wyo. Stat. § 34-20-101 (1977), et seq. “Condominium Ownership Act”.
Automobile Total Loss Thresholds
Percentage of Value: 75%
For vehicle to be in pre-accident condition, labor to rebuild and parts exceed 75% of ACV of vehicle. Wyo. Stat. § 31-2-106(v).
Sudden Medical Emergencies While Driving
Sudden Emergency Doctrine. Where a person finds himself or herself confronted with a sudden emergency, which was not brought on about his own negligence, such person has a legal right to do what appears to him at the time he should do, so long as he acts in a reasonable manner as any other person would have done under similar circumstances, to avoid an injury; and if he does so act, he will not be deemed to have been negligent even though it might afterwards be apparent that some other course of action would have been safer. Roberts v. Estate of Randall, 51 P.3d 204 (Wyo. 2002).
No cases using the sudden emergency defense for a medical emergency.
State Sovereign Immunity And Tort Liability
Tort Claims Act: Wyoming Governmental Claims Act (WGCA). Wyo. Stat. §§ 1-39-101 to 121 (1979).
Except as provided in the WGCA, a governmental entity (i.e., state or local government body) is granted immunity from liability for any tort. Wyo. Stat. § 1-39-104.
Notice Deadlines: Written Notice of Claim must be presented with two years. Wyo. Stat. § 1-39-113. Compliance with Notice of Claim requirement no longer has to be alleged in complaint. Brown v. City of Casper, 248 P.3d 1136 (Wyo. 2011). Suit must be filed within one year of written Notice of Claim. Wyo. Stat. § 1-39-114.
Claims/Actions Allowed: Claims allowed for:
Operating motor vehicle: Wyo. Stat. § 1-39-105.
Operating building or park: Wyo. Stat. § 1-39-106.
Airport: Wyo. Stat. § 1-39-107
Operating public utilities (gas, electric, water, etc.) and ground transportation: Wyo. Stat. § 1-39-108.
Operating hospital: Wyo. Stat. § 1-39-109.
Torts of police: Wyo. Stat. § 1-39-112.
Comments/Exceptions: The WGCA abolishes all judicially created categories such as governmental or proprietary functions and discretionary or ministerial acts previously used by the courts to determine immunity or liability. Exclusions from the waiver of liability are listed at W.S. 1-39-120:
(1) defect in plan or design of bridge, culvert, highway, road, street, sidewalk or parking lot;
(2) failure to construct or reconstruct bridge, culvert, etc.; and
(3) maintenance, including maintenance to compensate for weather conditions, of any bridge, culvert, etc.
Damage Caps: For personal injury: $250,000 per person; $500,000 per occurrence. State can purchase liability insurance in which case limits are extended to match limits of policy. Wyo. Stat. § 1-39-118.
For property damage, claim must be less than $500. Wyo. Stat. § 1-39-118(f).
Recovery of Sales Tax After Vehicle Total Loss
First-Party Claims: No applicable statute, case law, or regulation governing recovery of sales tax.
Third-Party Claims: No applicable statute, case law, or regulation governing recovery of sales tax. It is the Wyoming Department of Insurance’s position that sales tax is included and is based on the appraised value of the car prior to the accident/loss, but there is no specific case law, statute, rule, or formal opinion or statement that expressly supports that position.
Damage to Property Without Market Value
Service Value: Measure of damages for loss or conversion of personal property is fair market value of property or, in cases of goods having no ascertainable market value, actual economic value to owner. Broyles v. Broyles, 711 P.2d 1119 (Wyo. 1985).
Intrinsic Value: “…as it is sometimes said, its value to the owner; excluding, however, any mere fanciful or sentimental value which might be placed thereon.” Shikany v. Salt Creek Transp. Co., 45 P.2d 645 (Wyo. 1935).
Sentimental Value: “…as it is sometimes said, its value to the owner; excluding, however, any mere fanciful or sentimental value which might be placed thereon.” Shikany v. Salt Creek Transp. Co., 45 P.2d 645 (Wyo. 1935).
Municipal/County/Local Governmental Immunity and Tort Liability
Legal Authority:
Wyoming Governmental Claims Act (WGCA): Wyo. Stat. §§ 1-39-101 to 121 (1979). Except as provided in the WGCA, a governmental entity (i.e., state or local government body) is granted immunity from liability for any tort. Wyo. Stat. § 1-39-104.
Notice Deadlines: Written Notice of Claim must be presented with two (2) years. Wyo. Stat. § 1-39-113. Compliance with Notice of Claim requirement no longer has to be alleged in complaint. Brown v. City of Casper, 248 P.3d 1136 (Wyo. 2011). Suit must be filed within one (1) year of written Notice of Claim. Wyo. Stat. § 1-39-114.
Claims/Actions Allowed: Claims allowed for: (1) Operating motor vehicle: Wyo. Stat. § 1-39-105. (2) Operating building or park: Wyo. Stat. § 1-39-106. (3) Airport: Wyo. Stat. § 1-39-107. (4) Operating public utilities (gas, electric, water, etc.) and ground transportation: Wyo. Stat. § 1-39-108. (5) Operating hospital: Wyo. Stat. § 1-39-109. (6) Torts of police: Wyo. Stat. § 1-39-112.
Comments/Exceptions: The WGCA abolishes all judicially created categories such as governmental or proprietary functions and discretionary or ministerial acts previously used by the courts to determine immunity or liability. Exclusions from the waiver of liability are listed at W.S. 1-39-120: (1) defect in plan or design of bridge, culvert, highway, road, street, sidewalk or parking lot;(2) failure to construct or reconstruct bridge, culvert, etc.; and (3) maintenance, including maintenance to compensate for weather conditions, of any bridge, culvert, etc.
Damage Caps:
Personal Injury: $250,000 per person; $500,000 per occurrence. Governmental entity can purchase liability insurance in which case limits are extended to match limits of policy. Wyo. Stat. § 1-39-118.
Property Damage: Claim must be less than $500. Wyo. Stat. § 1-39-118(f).
Health Care: Claims against providers limited to $1 million regardless of claims or claimants. Wyo. Stat. § 1-39-1109(b).
Laws Regarding Using Cell Phones/Headphones/Texting While Driving
Cell Phone/Texting: You cannot operate a motor vehicle while using a hand-held electronic wireless communication device for text messaging. Exceptions include texting while parked and contacting an emergency response vehicle. Wyo. Stat. § 31-5-237.
Other Prohibitions: No Applicable Laws.
Workers’ Compensation Claims by Undocumented Employees
Y/N/U: N
Statute: The statute states that employee includes legally employed aliens. Wyo. Stat. Ann. § 27-14-102(a)(vii).
Case Law: L&L Enters v. Arellano (In re Arellano), 344 P.3d 249 (Wyo. 2015); Felix v. State ex rel. Workers’ Safety & Comp. Div., 986 P.2d 161 (Wyo. 1999).
Comments/Explanation/Other: Under the new 2015 Wyoming Supreme Court ruling in Arellano, an employer must only reasonably believe, based upon documentation in its possession at the date of hire and of the injury, that the employee is authorized to work in the U.S. and the illegal alien will be entitled to benefits. Felix ruled that the employee was not authorized to work by the Immigration and Naturalization Service (INS) and, therefore, is not an employee entitled to workers’ compensation benefits.
Admissibility of Expert Testimony
Admissibility Standards: Daubert
Case/Statutory Law: Bunting v. Jamison, 984 P.2d 467 (Wyo. 1999).
Imputing Contributory Negligence of Driver to Vehicle Owner
Imputed Contributory Negligence Law: Driver’s negligence cannot be imputed to passenger unless conduct of passenger had material bearing upon driver’s operation of car at time of accident. Martinez v. Union Pacific, 714 F.2d 1028 (10th Cir. 1983).
Same is true in owner’s action against third party for damages to vehicle when wife driving owner’s vehicle. Porter v. Wilson, 357 P.2d 309 (Wyo. 1960).
Vicarious Liability/Family Purpose Doctrine: No Vicarious Liability Statute.
No Family Purpose Doctrine. Wyoming Dep’t of Revenue v. Wilson, 400 P.2d 144 (Wyo. 1965).
Sponsor Liability for Minor’s Driving: Stat. § 14-2-203, liability imposed on parents if child willfully damages or destroys property.
Product Liability Law
Statute of Limitations/Repose: 4 years for personal injury/strict liability. Wyo. Stat. §1-3-105(a)(iv)(C). Wrongful death is 2 years. Wyo. Stat. §1-38-102(d). Statute of Repose is 10 years. Wyo. Stat. §1-3-111.
Liability Standards: Negligence, Strict Liability, Warranty.
Fault Allocations: Pure Comparative. Wyo. Stat. § 1-1-109(b).
Non-Economic Caps/Limits On Actual Damages: No.
Punitive Y/N and Limits: Yes.
Heeding Presumption?: Limited
Innocent Seller Statute: No.
Joint and Several Liability: No. Wyo. Stat. § 1-1-109.
Available Defenses: Assumption of Risk; Presumption; Misuse; Alteration; Learned Intermediary; Inherently Unsafe Products; State of the Art; Government Contractor Defense; Compliance With Government Standards; Seatbelts; Alcohol/Drugs; Sophisticated User.
Restatement 2nd or 3rd?: Restatement 2nd
Owner Liability For Stolen Vehicles
Key In The Ignition Statutes: Wyo. Stat. § 31-5-509 (1977).
Common Law Rule: A thief’s action in stealing a vehicle is a superseding cause of a third-party’s injury. Lucero v. Holbrook, 288 P.3d 1228 (Wyo. 2012).
Anti-Subrogation Rule
In the aftermath of an environmental loss which implicates an insured’s property and liability insurance policies, the property insurer which has paid benefits may recover them from the liability insurer. Compass Ins. Co. v. Cravens, Dargen and Co., 748 P.2d 724 (Wyo. 1988) (in essence permitting a property insurer to subrogate against its insured).
Use of Non-Original Equipment Manufacturer (OEM) Aftermarket Crash Parts in Repair of Damaged Vehicles
Authority: Wyo. Admin. Code Ins. Gen. Chap. 19 § 1 to § 7.
Summary: Insurers cannot require the use of non-OEM parts unless the parts are permanently marked in some way that identifies the manufacturer of the part. The parts must be equal in quality to their OEM counterparts, the insured must be notified that they are not required to accept the use of non-OEM parts, and the insured must accept the use of non-OEM parts in writing before they are used. The insurer’s estimate must disclose the use of non-OEM parts and that they are of equal quality to their OEM counterpart.