from the District Court of Albany County The Honorable Wade
E. Waldrip, Judge.
Representing Appellant: A. Joe Hageman, Laramie, Wyoming.
Representing Appellees: Monty Barnett and Grant Curry of
White & Steele P.C., Denver, Colorado.
BURKE, C.J., and HILL, DAVIS, KAUTZ, JJ., and SHARPE, D.J.
Bret Vance was an employee of the City of Laramie Fire
Department. Wyomed Laboratory, Inc. was a medical laboratory
licensed by the Wyoming Department of Transportation (WYDOT)
to conduct breath testing for the presence of alcohol.
Georgia L. Carmen was an agent or employee of Wyomed
Laboratory, Inc., and was licensed by WYDOT to conduct breath
testing for the presence of alcohol. (Wyomed and Ms. Carmen
are referred to collectively as Wyomed). The City of Laramie
fired Mr. Vance after a breath test conducted on him by
Wyomed indicated the presence of alcohol.
Mr. Vance sued Wyomed, claiming that Wyomed negligently
failed to maintain its testing equipment, negligently failed
to train employees on equipment maintenance, and was liable
in "negligently misrepresenting that the results of the
test were reliable and accurate when reporting those results
to the City of Laramie."
Wyomed moved to dismiss Mr. Vance's lawsuit under
W.R.C.P. 12(b)(6), asserting that it was barred by the
statute of limitations. The district court granted the motion
and dismissed all of Mr. Vance's claims. Mr. Vance
appeals that dismissal. We affirm.
The issue before this Court is:
Vance's claims barred by the applicable statute of
On December 5, 2012, Wyomed conducted a breathalyzer test on
Mr. Vance. The breath test showed that Mr. Vance had a blood
alcohol content of 0.016%. Wyomed notified both Mr. Vance and
the City of Laramie of the test results on that same day. The
City of Laramie fired Mr. Vance as a result of the Wyomed
breath test, and Mr. Vance challenged that dismissal
administratively. At the resulting administrative hearing on
February 12, 2013, Mr. Vance became aware of facts he claims
suggest Wyomed failed to properly maintain its breathalyzer.
Mr. Vance then waited until January 29, 2015 to file a claim
against Wyomed under the Wyoming Medical Review Panel Act.
Mr. Vance ultimately filed his complaint against Wyomed on
May 18, 2015.
Wyomed filed a motion to dismiss under W.R.C.P 12(b)(6),
asserting that any negligence occurred on December 5, 2012,
and that Mr. Vance's claim was filed beyond the two year
statute of limitations established in Wyo. Stat. Ann. §
1-3-107(a) (LexisNexis 2015). Mr. Vance filed a response
claiming he first discovered Wyomed's alleged negligence
at an administrative employment hearing on February 12, 2013.
He acknowledged that § 1-3-107(a) establishes a two year
statute of limitations, and he argued that "the
[s]tatute of [l]imitations begins to run from discovery of
the error or omission."
The district court granted the motion to dismiss on July 27,
2015, without conducting a hearing. ...