Hannifan v. American National Bank of Cheyenne

Summary

The Wyoming Supreme Court affirmed judgments arising from injuries suffered by a mine employee when a boulder struck the mining equipment he was operating. The court held that sufficient evidence supported jury findings that two co-employees engaged in willful and wanton misconduct under Wyoming's co-employee liability statute. The court also rejected challenges to the jury instructions and to opposing counsel's closing argument concerning allocation of fault to the nonparty employer.

Holdings

1. The evidence was sufficient for the jury to find that Hannifan and Hampleman acted with willful and wanton misconduct, which has the same legal effect as intentionally acting to cause physical harm or injury under Wyo. Stat. Ann. § 27-14-104(a).
2. The district court's instructions, taken as a whole, adequately conveyed Wyoming law concerning co-employee liability and did not require reversal.
3. The district court did not abuse its discretion in denying appellants' motions for a mistrial and a new trial based on plaintiffs' closing argument concerning the nonparty employer's fault.

Questions Presented

1. Whether the evidence was sufficient to support co-employee liability under Wyo. Stat. Ann. § 27-14-104(a) and the willful-and-wanton misconduct standard.
2. Whether the district court adequately instructed the jury on co-employee liability and properly rejected appellants' proposed instructions.
3. Whether the district court abused its discretion in denying a mistrial and a new trial based on plaintiffs' closing argument concerning fault attributed to the nonparty employer.

Disposition

affirmed