COURTNEY C. BOUTELLE, Appellant (Plaintiff),
CLINTON T. BOUTELLE, Appellee (Defendant)
Appeal from the District Court of Park County. The Honorable Steven R. Cranfill, Judge.
For Appellant: Larry B. Jones and Colin M. Simpson of Simpson, Kepler & Edwards, LLC, The Cody, Wyoming division of Burg Simpson Eldredge Hersh and Jardine, P.C., Cody, WY. Argument by Mr. Jones.
For Appellee: Curtis B. Buchhammer of Buchhammer & Kehl, P.C., Cheyenne, WY.
Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.
[¶1] Courtney Boutelle (Sister) filed a negligence action against her brother Clinton Boutelle (Brother) in the Fifth Judicial District Court, Park County, Wyoming, for injuries sustained in a single-vehicle accident that occurred in Montana. Applying Wyoming's borrowing statute, the district court found that Sister's action was barred by Montana's three-year statute of limitations and granted Brother's motion for summary judgment. We affirm.
[¶2] Sister states the issues on appeal as follows:
I. In applying Wyoming's " Borrowing Statute", Wyo. Stat. Ann. § 1-3-117 (LexisNexis 2013) and holding that Montana's three-year statute of limitations for personal injuries applied in this instance, the lower court failed to correctly apply the relevant Montana case law and statutory provisions.
II. This Court should adopt an interest analysis in determining " where the cause arose," which analysis would result in a determination that it arose in Wyoming and the cause of action is timely.
[¶3] On February 28, 2009, Sister and Brother were in a single-vehicle accident. Brother was driving the vehicle and there were three passengers in addition to Sister. Brother and Sister were both residents of Cody, Wyoming at the time of the accident, which occurred on I-90 in Sweet Grass County, Montana, as the group of five was returning from a hockey game in Missoula, Montana.
[¶4] On February 27, 2013, Sister filed a Complaint against Brother in the Fifth Judicial District Court, Park County, Wyoming. Sister alleged that Brother's negligent operation of the vehicle caused the February 28, 2009 accident and that, as a result of Brother's negligence, Sister sustained injuries, damages, and losses. With respect to the claimed negligence, Sister alleged that Brother encountered fog on the highway and hit the brakes, causing the back end of the vehicle to slide sideways into the median and the vehicle to roll 1.25 times. More specifically, Sister alleged that Brother's negligence included:
a. failing to maintain a proper lookout;
b. failing to maintain control of the vehicle he was driving;
c. driving too fast for conditions;
d. driving at an excessive speed for the circumstances;
e. driving carelessly;
f. driving in a manner that was not reasonable under the ...