Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kenneth Gess v. Gerrod L. Flores

March 18, 2011

KENNETH GESS, APPELLANT (PLAINTIFF),
v.
GERROD L. FLORES, AN INDIVIDUAL, MEIFRONDEE WATERS, AN INDIVIDUAL, AND THE CITY OF CHEYENNE, WYOMING, APPELLEES (DEFENDANTS).



The opinion of the court was delivered by: The Honorable Michael K. Davis, Judge

W.R.A.P. 11 Certification from the District Court of Laramie County

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

*GOLDEN, J., delivers the opinion of the Court; VOIGT, J., files a dissenting opinion.

NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume.

GOLDEN , Justice.

[¶1] In this negligence case brought against the City of Cheyenne and two of its employees pursuant to the Wyoming Governmental Claims Act, Wyo. Stat. Ann. §§ 1-39-101 through 121 (LexisNexis 2009), we accepted the following two certified questions from the district court:

1. Whether, in a cause of action arising under the Wyoming Governmental Claims Act (WGCA), Wyoming Statute §§ 1-39-101 et seq. and the Wyoming Constitution Article 16, § 7, the district courts have the discretion to permit plaintiffs to amend their complaints, after the expiration of the statute of limitations, pursuant to Wyoming Rule of Civil Procedure (W.R.C.P.) 15(a), to cure jurisdictional pleading deficiencies and to permit said amendment to relate back to the date the original complaint was filed pursuant to W.R.C.P 15(c)(2).

2. Whether Wyoming's "savings statute," Wyoming Statute § 1-3-118, permits plaintiffs whose complaints filed under the Wyoming Governmental Claims Act (WGCA), Wyoming Statute §§ 1-39-101 et seg . are dismissed by the district court for failing to adequately plead compliance with the WGCA, after the expiration of the statute of limitations, to re-file the action within one year of dismissal.

[¶2] The facts relevant to these questions are:

1. On June 18, 2007, Plaintiff was involved in a motor vehicle accident which he alleges was due to the fault of City of Cheyenne employees acting within the scope of their duties as governmental employees.

2. On October 2, 2008, Plaintiff filed a governmental claim with the City of Cheyenne. Defendants concede the claim was timely and sufficient under the Wyoming Governmental Claims Act.

3. On August 5, 2009, Plaintiff filed a complaint in the First Judicial District. The Complaint did not allege the date of the filing of the claim as required under the WGCA, and did not allege compliance with the constitutional signature and certification requirements of the WGCA, as required by Beaulieu v. Florquist (Beaulieu II), 2004 WY 31, 86 P.3d 863 (Wyo. 2004); McCann v. City of Cody, 2009 WY 86, 210 P.3d 1078 [(Wyo. 2009)], and Motley v. Platte County , 2009 WY 147[, 220 P.3d 518 (Wyo. 2009)].

4. On November 13, 2009, Defendants filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction pursuant to Wyoming ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.