Vol. 34, No. 6, 52. Court Summaries.

• Author: by P. Craig Silva

Wyoming Bar Journal

2011.

Vol. 34, No. 6, 52.

Court Summaries

Wyoming LawyerIssue: December, 2011Court Summariesby P. Craig SilvaSteve B. Glenn v. Union Pacific Railroad Company 2011 WY 126 September 9, 2011 No. S-10-0197

This case involves an evidentiary issue at trial on whether prior method of checking coal car doors was admissible. Mr. Glenn was a blaster at Black Butte Goal Mine in Sweetwater Gounty. On June 30, 2000, he was involved in the process of checking and closing coal car doors prior to filling the coal cars. The company had decided because of a prior incident that all coal car doors would be checked and closed prior to the train being moved. The prior procedure, which was considered dangerous, involved moving a coal car, checking the coal door, and then moving the next car. Previously, a Mr. Porter was almost injured during this process, so the company changed the procedure to one where all coal cars were checked and doors were closed before moving the car. Mr. Glenn was injured when one of the doors that opened contained some coking coal which fell on his leg and broke it. Mr. Glenn sued Union Pacific Railroad Gompany claiming negligence. Prior to trial, Union Pacific filed a motion to exclude any evidence involving the incident with Mr. Porter. Mr. Glenn argued the Porter incident was relevant because it showed how and why Mr. Glenn came to be where he was at the time of his injury. The district court held that the evidence was inadmissible and not relevant.

Part of Union Pacific's defense was to blame Black Butte Goal Mine. This was successful because Black Butte was found to be 70% at fault. Black Butte was also immune because Mr. Glenn was employed by Black Butte. Mr. Glenn wanted to introduce the prior incident to argue that Black Butte had a prior near miss and that is why the policy was changed; so that he could argue the new policy was not negligent but a step in a safer direction. Union Pacific in turn during trial was arguing that the method of checking coal cars and closing doors imposed by Black Butte Goal mine was negligent. The Wyoming Supreme Gourt agreed with Mr. Glenn noting that it thought it was relevant to show why Mr. Glenn was actually walking the loop as opposed to checking the car as it came in. In addition, the prior incident was also relevant to show whether the former procedure was more or less safe than the later procedure.

Francis Weber v. State of Wyoming 2011 WY127 September 12, 2011 S-10-0049

' I ^his is a Wyoming Governmental Glaims Act case. Francis Weber was severely burned by hot mineral water when he lost consciousness in the steam room at the Star Plunge in Hot Springs State Park. He brought suit against Gandamp;W Enterprises, Inc. d/b/a the Star Plunge, Wolfgang Luehne; and the State of Wyoming. The State of Wyoming moved for summary judgment arguing it was immune under the Wyoming Governmental Glaims Act. The district court granted the motion and the Wyoming Supreme Gourt reversed.

The Star Plunge is a swimming recreation area. The facilities are owned by the Star Plunge, but the underlying land is owned by the State as part of Hot Springs State Park. The State leases the premises to Star Plunge. The State also owns and operates a heat exchange facility which cools some of the mineral water. The Star Plunge is provided with hot water directly from Big Springs and cooled mineral water from the heat exchange facility. The Star Plunge was built from the Vapor Gave in 1976. A fountain in the center of the Vapor Gave contains hot water directly from Big Spring; no cooled water is mixed with the hot water. There are no barriers between the hot water and the fountain and patrons. On September 8, 2006, Mr. Weber visited the Star Plunge. While in the Vapor Gave he lost consciousness and fell, landing in the hot mineral water. He sustained severe burns on his hand, arm, face, and upper body. Four of his fingers were so severely burned that they had to be amputated, and he underwent multiple skin grafts on his arm and upper body.

This case implicates the Wyoming Governmental Glaims Act. Mr. Weber argued that immunity was waived under Wyo. Stat. andsect; 1-39-106 (Lexis 2011), which provides: "[a] governmental entity is liable for damages resulting from bodily injury. . .cause by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any building, recreation area or public park." (Emphasis added). This is a question of statutory...