422 P.3d 512
Wyo.2018Background
- Skylar Dimick fell into an uncovered septic tank on land owned/operated by Scott Hopkinson while camping at the Fort Bridger Tin Tipi Village during an annual Rendezvous; he and his wife sued for negligence and punitive damages.
- Upon entry, campers signed a Release & Waiver of Liability; Mr. Dimick signed the Release before camping.
- Shortly before the incident, Hopkinson had the septic tank pumped, removed the concrete lid (too heavy or unsafe), covered the opening with sheet metal and placed a wooden pallet on top, and tested the pallet by jumping on it.
- Dimick removed that pallet in a work area outside designated campsites, stepped on the sheet metal and fell into the 16–24 inch opening, sustaining serious injuries.
- District court granted summary judgment for all defendants: (1) Release barred negligence claims against Hopkinson and business entities; (2) no willful/wanton conduct by Hopkinson; (3) Mrs. Hopkinson was not a proximate cause nor a joint venturer; (4) Hopkinson Family Trust lacked admissible evidence of existence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity/enforceability of the Release (bars negligence) | Release is ambiguous, against public policy, and did not cover negligence or altered conditions. | Release is clear, voluntarily signed, relates to recreational activity (nonessential), and covers injuries "whether caused by the fault" of others. | Release valid and bars negligence claims against Hopkinson and the named business entities. |
| Willful and wanton misconduct (punitive damages exception) | Hopkinson intentionally created/"camouflaged" a hazardous condition, failed to warn, and acted recklessly—raising fact issues for jury. | Hopkinson tested the pallet, warned employee, and did not act with the high degree of probability of harm required for willful/wanton standard. | No evidence of willful/wanton misconduct; conduct may be negligent but not outrageous—summary judgment for defendants. |
| Liability of Mrs. Hopkinson (proximate cause) | Mrs. Hopkinson aided campground operations; her involvement could make her a proximate cause or liable. | She did not participate in covering the tank, was unaware of the tank location, and was not present when the injury occurred. | No facts support proximate causation—summary judgment for Mrs. Hopkinson. |
| Joint venture between Mr. & Mrs. Hopkinson (vicarious liability) | Website references, use of "we," and her operational tasks show joint venture/equal control. | Mrs. Hopkinson performed tasks at direction of Mr. Hopkinson and lacked equal right to control/manage the enterprise. | No evidence of equal right of control (essential element); no joint venture—summary judgment for Mrs. Hopkinson. |
Key Cases Cited
- Boehm v. Cody Country Chamber of Commerce, 748 P.2d 704 (Wyo. 1987) (sets factors for validity of exculpatory releases).
- Schutkowski v. Carey, 725 P.2d 1057 (Wyo. 1986) (releases enforceable for recreational activities absent public policy violation).
- Massengill v. S.M.A.R.T. Sports Med. Clinic, P.C., 996 P.2d 1132 (Wyo. 2000) (contract interpretation factors for releases).
- Cramer v. Powder River Coal, LLC, 204 P.3d 974 (Wyo. 2009) (definition and standard for willful and wanton misconduct).
- Bogdanski v. Budzik, 408 P.3d 1156 (Wyo. 2018) (summary judgment standards; nonmoving party’s burden to show genuine factual disputes).