Background

• Vandre was injured while a paving project employee; co-employee supervisors Dorsey, Kuznia, and Sjulestad oversaw mobilization of the paver.
• Windrow elevator attached to the paver created a front-right blind spot known to operators.
• Dorsey moved the paver with the windrow elevator; Vandre moved on the shoulder and was struck.
• Co-employee supervisors were aware the windrow elevator obscured vision and had operated similarly.
• OSHA inspected; MRM conducted its own investigation but no citation or injury-causing defect was found.
• District court granted summary judgment to the co-employee supervisors; issue on willful misconduct under Wyo. Stat. § 27-14-104(a).

Issues

Key Cases Cited

• Bertagnolli v. Louderback, 2003 WY 50, 67 P.3d 627 (Wy. 2003) (knowledge of general risks and willful disregard required for co-employee liability)
• Van Patten v. Gipson, 2011 WY 98, 253 P.3d 505 (Wy. 2011) (co-employee liability requires knowledge of hazard and disregard of danger)
• Formisano v. Gaston, 2011 WY 8, 246 P.3d 286 (Wy. 2011) (willful misconduct involves intentional act or high probability of harm)
• Hannifan v. Am. Nat'l Bank of Cheyenne, 2008 WY 65, 185 P.3d 679 (Wy. 2008) (define willful and wanton misconduct; high probability of harm)
• Loredo v. Solvay Am., Inc., 2009 WY 93, 212 P.3d 614 (Wy. 2009) (co-employee liability factors; knowledge, safety responsibility, disregard)
• ORO Mgmt., LLC v. R.C. Mineral & Rock, LLC, 2013 WY 77, 304 P.3d 925 (Wy. 2013) (de novo review standard for summary judgment; material facts)
• Herling v. Wyo. Mach. Co., 2013 WY 82, 304 P.3d 951 (Wy. 2013) (standard of review for summary judgment in Wyoming)