Background

• Wyoming Worker's Compensation Act provides immunity for co-employers unless the co-employee intentionally acts to cause physical harm.
• Formisano and Gaston were co-employees of Western Mine Services, resident in Gillette, Wyoming, working on a mine job prior to the incident.
• On January 26–27, 2005, Gaston drove the company truck with Formisano as a passenger to North Antelope Mine to repair a truck bed.
• Around midnight they returned; Gaston allegedly fell asleep at the wheel after attempting to stay awake; the vehicle left the roadway and rolled.
• Formisano suffered multiple herniated discs; witnesses testified Gaston had previously driven while fatigued and violated company fatigue policies.
• The district court granted summary judgment to Gaston on the theory that the conduct did not meet the statute's ‘intentionally act to cause physical harm’ standard.

Issues

Key Cases Cited

• Bertagnolli v. Louderback, 67 P.3d 627 (Wy. 2003) (defines co-employee liability and willful disregard requirements)
• Loredo v. Solvay Am., Inc., 212 P.3d 614 (Wy. 2009) (affirms summary judgment where conduct not shown to be willful or intentional)
• Smith v. Throckmartin, 893 P.2d 712 (Wy. 1995) (willful disregard concept used to define near-intent conduct)
• Mayflower Restaurant Co. v. Griego, 741 P.2d 1106 (Wy. 1987) (punitive-like standards linked to gross negligence in some contexts)
• Cockburn v. Terra Res., Inc., 794 P.2d 1334 (Wy. 1990) (supervisor knowledge and safety duties; negligence standards discussed)
• McKennan v. Newman, 902 P.2d 1285 (Wy. 1995) (co-employee safety policy violations generally not sufficient for culpable negligence)
• Harbel v. Wintermute, 883 P.2d 359 (Wy. 1994) (early articulation of intent-to-harm standard and evolving co-employee liability)