341 P.3d 412
Wyo.2015Background
- On Sept. 29, 2010, Jerome Knight (decedent) and Victor McCoy died in a head-on crash; McCoy was driving and was a co-owner/supervisor at M&M Welding Services, LLC (M&M).
- Knight had been employed by M&M for only a few days before the accident; M&M had a workers’ compensation account and later paid funeral benefits for Knight through the Wyoming WCD.
- Plaintiff (Knight’s personal representative) sued the McCoy Estate and M&M for wrongful death in Aug. 2012; amended complaint served on both defendants in Sept./Oct. 2012.
- M&M moved for summary judgment asserting employer immunity under the Wyoming Worker’s Compensation Act; the McCoy Estate later moved asserting defective service, lack of jurisdiction, and statute-of-limitations bar.
- The district court granted summary judgment for M&M based on employer immunity and later granted judgment for the McCoy Estate based on defective summons and expired limitations; Plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether M&M is immune under the WY Worker’s Compensation Act | Knight argues payroll/reporting defects (stopped paycheck) create a factual dispute that precludes immunity | M&M argues it was Knight’s employer, reported and paid WCD premiums, and thus is immune | Held: M&M immune; undisputed evidence of employment and payment established immunity; paycheck stop-payment did not create material fact because payroll means amounts payable, not paid |
| Whether service on McCoy Estate was effective to vest personal jurisdiction and toll statute of limitations | Knight argues defective summons invalidated service and barred was not met timely | McCoy Estate argues summons was defective, not addressed properly, and plaintiff named wrong party, so no jurisdiction and limitations expired | Held: Service defects existed but estate’s signed acceptance/appearance waived challenges; acceptance equated to personal service and action commenced in time |
| Whether the McCoy Estate waived jurisdictional/service defenses by its initial actions | Knight contends estate timely asserted defects in later pleadings so no waiver | Estate contends acceptance was not in proper W.R.C.P. form, so no waiver occurred | Held: Acceptance (though not in Form 4(o)) was an acknowledgment/appearance and waived service/process objections; challenge came too late |
| Whether statute of limitations bars claims against McCoy Estate | Knight asserts timely commencement via original filing; Estate says no proper service within rule period so limitations ran | Estate relies on defective summons to show service was ineffective and statute expired | Held: Limitations did not bar suit because the estate’s acceptance of service occurred before limitations expired and equated to personal service |
Key Cases Cited
- Clark v. Industrial Co. of Steamboat Springs, Inc., 818 P.2d 626 (recognizes employer immunity under WY Constitution/Act)
- Wessel v. Mapco, Inc., 752 P.2d 1363 (employer immunity applies regardless of culpable negligence or intentional tort)
- Stratman v. Admiral Beverage Corp., 760 P.2d 974 (elements employer must prove to assert workers’ comp immunity)
- Meyer v. Miller, 330 P.3d 263 (standard of review for summary judgment)
- Symons v. Heaton, 316 P.3d 1171 (nonmoving party cannot rely on speculation to defeat summary judgment)
- Lundahl v. Gregg, 334 P.3d 558 (no personal jurisdiction without proper service unless defendant voluntarily appears)
- Operation Save America v. City of Jackson, 275 P.3d 438 (voluntary appearance equivalent to proper service and waives jurisdictional objections)
- In re Adoption of MSVW, 965 P.2d 1158 (appearance may waive personal jurisdiction objections)