Black v. William Insulation Co., Inc.

Summary

The Wyoming Supreme Court affirmed summary judgment for William Insulation Company in a wrongful-death action arising from an employee's fatigued-driving accident during his commute. The court held that, under the circumstances, the employer's conduct was not a substantial factor in causing the employee's fatigue and therefore did not create a foreseeable risk giving rise to a duty to the decedent. The court also declined to consider a negligent misrepresentation claim that had not been pleaded or ruled on by the district court.

Holdings

1. Under the circumstances, William Insulation Company did not owe a duty to the decedent because the employee's work was not shown to be a substantial factor contributing to his fatigue, and the accident was not a foreseeable consequence of the employer's conduct or omissions.
2. The court declined to consider the negligent-misrepresentation claim because Black did not plead it and the district court did not rule on it; issues raised for the first time on appeal generally will not be considered.

Questions Presented

1. Whether an employer owes a duty of care to members of the traveling public for injuries caused by an off-duty employee who becomes fatigued while commuting in a personal vehicle.
2. Whether the district court erred in granting summary judgment on the alleged negligent-misrepresentation claim based on the project manager's statement that employees could not ride buses provided by the general contractor.

Disposition

affirmed