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Halvorson v. Sweetwater County School District No. 1

Supreme Court of Wyoming

February 4, 2015

NICOLE HALVORSON, Appellant (Plaintiff),
v.
SWEETWATER COUNTY SCHOOL DISTRICT NO. 1, Appellee (Defendant). SWEETWATER COUNTY SCHOOL DISTRICT NO. 1, Appellant (Defendant),
v.
NICOLE HALVORSON, Appellee (Plaintiff).

Appeal from the District Court of Sweetwater County The Honorable Richard L. Lavery, Judge

Representing Nicole Halvorson: Vance T. Countryman, Vance T. Countryman, P.C., Lander, Wyoming; Robert T. Ingram, Ingram Olheiser, P.C., Casper, Wyoming. Argument by Mr. Ingram.

Representing Sweetwater County School District No. 1: Clark D. Stith, Stith Law Office, Rock Springs, Wyoming.

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

BURKE, CHIEF JUSTICE

[¶1] Nicole Halvorson filed suit against Sweetwater County School District No. 1 (School District) after she slipped and fell in the locker room of Rock Springs East Junior High School. She claimed the School District had negligently failed to operate and maintain the shower facilities in the locker room in a reasonably safe condition. Following a bench trial, the district court granted judgment in favor of the School District. In Docket No. S-14-0083, Ms. Halvorson challenges the district court's judgment in favor of the School District. In Docket No. S-14-0084, the School District challenges the denial of its motion for summary judgment. We affirm the district court's judgment in favor of the School District in Docket No. S-14-0083 and decline to review the court's ruling on summary judgment in Docket No. S-14-0084.

ISSUES

[¶2] In Docket No. S-14-0083, Ms. Halvorson presents a single issue, which we rephrase as follows:

1. Whether the district court erred in granting judgment in favor of Appellee, Sweetwater County School District No. 1.

In Docket No. S-14-0084, the School District presents the following two issues:

1. Whether the District Court erred by denying Defendant's Motion for Summary Judgment.
2. Whether the District Court erred by finding that the Wyoming Recreation Safety Act did not apply where injury occurred in a girls' swimming pool locker room after showering.

FACTS

[ΒΆ3] In September 2007, Ms. Halvorson was enrolled in the eighth grade at East Junior High School in Rock Springs, Wyoming. As part of her curriculum, Ms. Halvorson was required to take a swimming class at the school. On the fourth day of the school year, after her swimming class was finished, Ms. Halvorson returned to the girls' locker room to shower and get dressed. While crossing the locker room to borrow a friend's comb, Ms. Halvorson slipped and fell in the dressing area of the locker room. Ms. Halvorson ...


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