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Stroth v. North Lincoln County Hosp. Dist.

Supreme Court of Wyoming

June 23, 2014

HOLLY STROTH, PERSONAL REPRESENTATIVE OF THE WRONGFUL DEATH ESTATE OF GARY CARL STROTH, Appellant, (Plaintiff),
v.
NORTH LINCOLN COUNTY HOSPITAL DISTRICT, d/b/a STAR VALLEY MEDICAL CENTER, Appellee, (Defendant). HOLLY STROTH, PERSONAL REPRESENTATIVE OF THE WRONGFUL DEATH ESTATE OF GARY CARL STROTH, Appellant, (Plaintiff),
v.
THAYNE AMBULANCE SERVICE (EMS) and TOWN OF THAYNE, WYOMING, Appellees, (Defendants)

Page 122

Appeal from the District Court of Lincoln County. The Honorable Dennis L. Sanderson, Judge.

Representing Appellant: William R. Fix, William R. Fix, P.C., Jackson, Wyoming.

Representing Appellee, North Lincoln County Hospital District (S-13-0181): W. Henry Combs, III and Andrew F. Sears, Murane and Bostwick, LLC, Casper, Wyoming. Argument by Mr. Sears.

Representing Appellees, Thayne Ambulance Service (EMS) and Town of Thayne, Wyoming (S-13-0221): Spencer L. Allred and John D. Bowers, Bowers Law Firm, Afton, Wyoming. Argument by Mr. Allred.

Before KITE, C.J., and HILL, BURKE, DAVIS, and FOX, JJ.

OPINION

Page 123

BURKE, Justice.

[¶1] This case involves a claim arising under the Wyoming Governmental Claims Act (WGCA), Wyo. Stat. Ann. § § 1-39-101 through -121 (LexisNexis 2009). Appellant, Holly Stroth, as personal representative of the estate of the decedent, Gary Carl Stroth, filed a wrongful death action against the North Lincoln County Hospital District (d/b/a Star Valley Medical Center), the Town of Thayne, Wyoming, and the Thayne Ambulance Service. The district court dismissed the action, finding that Appellant had not filed a notice of claim within two years, as required under the WGCA. We affirm.

ISSUES

[¶2] Appellant presents the following issues:

1. Did the district court err when it failed to apply the tolling provision of the Medical Review Panel Act to toll the period for filing a notice of governmental claim set forth in the Wyoming Governmental Claims Act?
2. Did the district court err by failing to consider the " continuous ...

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