Scott Hunter and Heather Hunter, as Next Friends and Parents of LH, a Minor Child v. Universal Precast Concrete, Inc., and UPC Parks, a Division of Universal Precast Concrete, Inc., a California Corporation; Miracle Recreation Equipment Company, an Iowa Corporation; Churchich Recreation Equipment, LLC, a Colorado Corporation; and Laramie County School District #1, a Wyoming Local Government

Summary

The Wyoming Supreme Court reviews an appeal arising from a child’s alleged injury on playground equipment at an elementary school. The court considered the exclusion of the plaintiffs’ expert witnesses, summary judgment for the business defendants on product-liability claims, and dismissal with prejudice of the remaining claims as a sanction for counsel’s conduct. It affirmed in part and reversed in part.

Holdings

1. The district court did not err in excluding the Hunters' experts because it applied the correct Rule 702 and Daubert framework, adequately performed its gatekeeping function, and reasonably concluded that the proposed opinions were offered by unqualified witnesses, were unreliable, or did not fit the facts of the case.
2. Summary judgment for the business defendants was proper because the Hunters failed to present admissible evidence establishing a genuine issue of material fact concerning whether Rocks and Ropes was defective or unreasonably dangerous, whether a breach of duty occurred, or whether any breach caused LH's injuries.
3. The district court abused its discretion by dismissing the Hunters' remaining claims with prejudice. The record did not present the extreme circumstances required for the severe sanction of dismissal, the court did not adequately warn that dismissal was likely for the conduct at issue, and it did not specifically consider whether lesser sanctions would be effective.

Questions Presented

1. Whether the district court properly excluded several of the Hunters' proposed expert witnesses under Wyoming Rule of Evidence 702 and the Daubert standard.
2. Whether the district court properly granted summary judgment to the business defendants on the Hunters' products-liability, warranty, negligence, and failure-to-warn claims.
3. Whether the district court abused its discretion by dismissing the remaining claims with prejudice as a sanction for counsel's delay, procedural violations, violations of court orders, improper voir dire, improper opening statements, and uncivil conduct.

Disposition

reversed_and_remanded