Amos v. Lincoln County School District No. 2
359 P.3d 954
| Wyo. | 2015Background
- The Metcalf School in Etna, Wyoming, was vacated by the School District and turned over for community use; Lincoln County later acquired title but transfer occurred after community use began.
- A Community Group received keys and access; no written agreement, walk-through, warnings, or restrictions on keys for heavy folding lunchroom benches/tables were documented.
- At a February 2010 community basketball game held at the building, a bench propped in a storage room tipped over and fatally injured 5-year-old Taylor Lysager.
- Plaintiff (Taylor’s personal representative) sued the School District, Town of Thayne, and Lincoln County for wrongful death; Lincoln County filed an affidavit of noninvolvement and was dismissed without prejudice.
- The district court initially denied summary judgment on duty, then later granted renewed summary judgment for the School District finding no breach or proximate cause as a matter of law; plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether School District breached a duty of care when it turned the building over to the Community Group without warnings or restricting keys | Lysager: District should have warned about or restricted access to dangerous benches/tables; failure to do so is a jury question on breach | School Dist.: It relinquished possession and maintenance; owed no duty or did not breach because it did not place or know of the bench in storage | Reversed: reasonable minds could differ; breach is for the jury (summary judgment improper) |
| Whether School District's conduct was proximate cause of the accident | Lysager: Failure to warn/restrict keys foreseeably contributed to improper handling and storage, so proximate cause is for the jury | School Dist.: Unknown third party placed the bench — an intervening, superseding act insulating the District from liability | Reversed: proximate cause and intervening cause are fact questions for the jury; summary judgment improper |
| Whether dismissal of Lincoln County based on affidavit of noninvolvement is appealable | Lysager: dismissal was erroneous and should be reviewable on appeal | Lincoln County: affidavit justified dismissal; dismissal entered without prejudice | Dismissed appeal as to Lincoln County: order was not final/appealable (no full adjudication; Rule 54(b) not applied to that dismissal) |
| Finality under Rule 54(b) for entry of judgment as to fewer than all parties | N/A (procedural) | District court certified finality as to School District only; dismissal of Lincoln County was left without prejudice | Court: Rule 54(b) certification applied only to School District judgment; dismissal of Lincoln County is non-final and not appealable now |
Key Cases Cited
- Johnson v. Dale C., 345 P.3d 883 (Wyo. 2015) (summary judgment standards and negligence review)
- Foote v. Simek, 139 P.3d 455 (Wyo. 2006) (when breach is a jury question if reasonable minds could differ)
- Buckley v. Bell, 703 P.2d 1089 (Wyo. 1985) (factors from Restatement on whether an intervening force is superseding)
- Allmaras v. Mudge, 820 P.2d 533 (Wyo. 1991) (summary judgment proper only when no material fact in dispute)
- Lemos v. Madden, 200 P. 791 (Wyo. 1921) (definition of proximate cause and limits of but-for causation)