Original Proceeding. Petition for Writ of Review.
From the District Court of Fremont County. The Honorable Norman E. Young, Judge.
Petitioners: James C. Worthen and Andrew F. Sears of Murane & Bostwick, LLC,
Casper, WY. Argument by Mr. Worthen.
District Court of the Ninth Judicial District: No appearance.
John Strohecker: Aaron J. Vincent of Vincent Law Office, Riverton, WY.
Before BURKE, C.J., and
HILL, KITE[*], DAVIS, and FOX, JJ.
[¶1] Plaintiff, John Strohecker, a
non-Indian, filed a complaint in state district court against Defendants, Gary
C'Hair and Rochelle C'Hair, both enrolled members of the Northern Arapaho Tribe,
for injuries sustained in a vehicle accident that occurred on Wyoming Highway
789 within the boundaries of the Wind River Indian Reservation. Defendants filed
a motion for summary judgment asserting that the district court lacked subject
matter jurisdiction because Defendants are members of the Northern Arapaho Tribe
and the accident occurred on the reservation. Defendants also asserted that the
two-year statute of limitations dictated by the Shoshone and Arapaho Law and
Order Code should apply to bar Plaintiff's action. The district court denied
Defendants' summary judgment motion, and Defendants filed a petition for writ of
review in this Court. We granted the petition and now affirm the district
[¶2] Defendants state the issues for our
review as follows:
Issue 1 -- Does the Ninth Judicial District Court lack subject
matter jurisdiction over [Defendants] Gary and Rochelle C'Hair pursuant to
the case of State ex rel. Peterson v. Ninth Judicial District, 617 P.2d 1056 (Wyo. 1980)?
Issue 2 -- Are [Plaintiff] Strohecker's claims time barred pursuant
to Wyoming Statute Section 1-3-117, Lex Loci Delicti and the Shoshone
and Arapaho Law and Order ...