Court Summaries

• Jurisdiction: Wyoming,United States
• Citation: Vol. 38 No. 5 Pg. 54
• Pages: 54
• Publication year: 2015

Court Summaries Vol. 38 No. 5 Pg. 54 Wyoming Bar Journal October, 2015

P. Craig Silva, Williams, Porter, Day & Neville P.C.

In the Matter of the Worker's Compensation Claim of Blaine Lee Debyah v. State of Wyoming, ex rel., Department of Workforce Services, Workers' Compensation Division

2015 WY 94

S-14-0277

July 17, 2015

On October 8, 2009, Blaine Lee Debyah suffered a workplace injury. He applied for and received workers' compensation benefits. The Division hired a private investigator to investigate Mr. Debyahs claim. That investigator placed Mr. Debyah under surveillance. During the investigation, Mr. Debyah applied for permanent partial disability benefits. The Division denied the claim. Mr. Debyah sought a hearing.

The Division served interrogatories and requests for production on Mr. Debyah. To many of the requests Mr. Debyah asserted the Fifth Amendment, refusing to answer. The Division sought dismissal for failure to answer as a sanction. The hearing examiner granted the request and the District Court affirmed. The Wyoming Supreme Court reversed and remanded. The analysis takes two factors into consideration: (1) did the party properly assert its rights under the Fifth Amendment? and (2) did the agency abuse its discretion in dismissing the action? The Court held Mr. Debyah had properly asserted his rights, but the case needed to be reversed and remanded to develop the record on whether the sanction of dismissal is merited in light of the need for the evidence juxtaposed with Mr. Debyahs assertion of his constitutional rights.

Kyle Jordan Lawrence v. State of Wyoming

2015 WY 97

S-14-0133

July 31, 2015

Kyle Jordan Lawrence was initially charged with first degree murder, but was ultimately convicted of voluntary manslaughter for the death of his neighbor. Mr. Lawrence wanted to admit into evidence that the victim had been under the influence of methamphetamine at the time of altercation and ultimate death. Mr. Lawrence shot the victim. Mr. Lawrences defense was self-defense but he admitted he did not know the victim was under the influence of methamphetamine at the time he shot him. The trial court held the evidence inadmissible given that Mr. Lawrence was unaware the victim was under the influence so as to make the evidence irrelevant, and if it were relevant, its prejudicial effect was too great. The Wyoming Supreme Court agreed, ruling on the issue for the first time, holding that for voluntary intoxication of the victim to be a defense, the defendant needs to know the victim is under the influence of the intoxication.

Jacob Fugle v. Sublette County School District #9 and Stephen Nelson

2015 WY 98

S-14-0305

July 31, 2015

Jacob Fugle was a student at Big Piney High School. His science teacher, Stephen Nelson, was conducting a demonstration of centripetal force in the high school gymnasium. The demonstration involved a cart in which a student would be riding. The cart wrecked when Jacob Fugle was in it causing significant injury to Fugle. Mr. Fugle filed suit. The School District moved for summary judgment pursuant to the Governmental Claims Act. The motion was granted and Mr. Fugle appealed. The Wyoming Supreme Court affirmed.

Mr. Fugle argued under the Governmental Claims Act, Wyo. Stat. § 1-39-106, that the teacher and school caused injury through the "operation and maintenance" of a building, recreation area, or public park. The Wyoming Supreme Court detailed some of the history of the above quoted phrase and found what occurred in this case did not amount to "operation and maintenance."

The State of Wyoming v. Black Hills Power, Inc.

2015 WY 99

S-14-0268

August 3, 2015

In this case, Judge Skavdahl certified three questions to the Wyoming Supreme Court as they related to the Oil Creek Fire. On June 29, 2012, a wildfire was ignited near Newcastle, Weston County, Wyoming. The fire damaged 9,857 acres of land owned by the State of Wyoming. The State incurred damages in excess of $5 million in suppression costs. The State and others brought suit against Black Hills Power, Inc. on a theory that the utility was negligent in its inspection, operation and...