Richard J. Amos, Jr., Wrongful Death Personal Representative of Taylor J. Amos Lysager v. Lincoln County School District No. 2 and Lincoln County Board of County Commissioners, for the County of Lincoln, Wyoming

Summary

The Wyoming Supreme Court reviewed a wrongful-death action arising from the death of a child injured by an unsecured lunchroom bench at a former school building. The court dismissed the appeal concerning Lincoln County's dismissal without prejudice because that order was not final and appealable. It reversed summary judgment for the school district, concluding that reasonable minds could differ regarding breach of the duty of reasonable care and proximate cause.

Holdings

1. Summary judgment was improper because reasonable minds could differ on whether the School District breached its duty of ordinary and reasonable care by turning over the building without warning the Community Group about the dangers of mishandling or improperly storing the benches and tables and without restricting access to the securing keys.
2. Summary judgment was improper because reasonable minds could differ on whether the School District's alleged failure to warn or restrict access was a proximate cause of the accident and whether the improperly stored bench was a superseding intervening cause.
3. The appeal from the order dismissing Lincoln County without prejudice was dismissed because the order was not a final appealable order.

Questions Presented

1. Whether the district court erred in granting summary judgment to the School District on the issues of breach of the duty of reasonable care and proximate cause.
2. Whether the district court's order dismissing Lincoln County without prejudice was a final appealable order.

Disposition

reversed_and_remanded