Wendy R. Williams v. Richard Gage, Individually, and Richard Gage, P.C.

Summary

The Wyoming Supreme Court affirmed summary judgment for Richard Gage and Richard Gage, P.C. in Wendy Williams's legal malpractice action. The court held that the district court did not abuse its discretion by denying Williams's untimely requests to extend expert-designation and discovery deadlines because she failed to show good cause and excusable neglect. The court also held that expert testimony was necessary to establish the standard of care, breach, and causation, and declined to consider Williams's privacy-related arguments because she had not raised them below.

Holdings

1. The district court did not abuse its discretion in denying Williams's motions to extend the expert-designation and discovery deadlines because, having filed the requests after the deadlines expired, she failed to demonstrate both good cause and excusable neglect.
2. Summary judgment was proper because Williams's failure to designate an expert left her unable to establish the professional standard of care, breach, or legal causation, and the issues in this case were not within the common knowledge and experience of laypersons.
3. The court declined to consider Williams's privacy-law and Rule 5.2 arguments because she did not raise them in the district court and they were neither jurisdictional nor fundamental.

Questions Presented

1. Whether the district court abused its discretion by denying Williams's motions to extend the expert-designation and discovery deadlines.
2. Whether the district court properly granted summary judgment to Gage and Gage, P.C. on Williams's legal-malpractice claim.
3. Whether the Supreme Court should consider Williams's privacy-law and Wyoming Rule of Civil Procedure 5.2 arguments raised for the first time on appeal.

Disposition

affirmed