353 P.3d 732
Wyo.2015Background
- In November 2010 Jacob Fugle, a high‑school student, was injured during a classroom science demonstration in the school gym when a wheeled cart struck an unpadded gym door jamb, causing serious fractures and a dislocated hip.
- Fugle sued Sublette County School District #9 and his teacher, Stephen Nelson, alleging negligent design, supervision, and conduct of the experiment.
- Defendants moved for summary judgment asserting governmental immunity under the Wyoming Governmental Claims Act (WGCA), Wyo. Stat. Ann. § 1‑39‑101 et seq.; the district court granted the motion.
- For summary‑judgment purposes defendants conceded negligence and that Nelson acted within scope of employment, but argued the WGCA waiver in § 1‑39‑106 covers only negligence tied to operation/maintenance of physical structures or facilities, not negligent supervision or activity design.
- Fugle argued the absence of padding on the door jamb made the gym a defective building (or recreation area) and thus fell within § 1‑39‑106’s waiver.
- The Supreme Court affirmed summary judgment, holding Fugle’s claims alleged negligent conduct/design of an activity, not a physical defect in the building or recreation facility, so § 1‑39‑106’s waiver did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether negligence fits the § 1‑39‑106 waiver for "operation or maintenance" of a building | Fugle: failure to pad door jamb made the gym a defective building and waived immunity | School Dist.: waiver applies only to defects in making the physical building functional, not to supervision or activity design | Held: No — waiver limited to physical defects/fixtures; Fugle alleged negligent activity design/supervision, not a structural defect |
| Whether negligence fits the § 1‑39‑106 waiver for "operation or maintenance" of a recreation area | Fugle: waiver for recreation areas is broader and covers activities conducted within the area | School Dist.: waiver for recreation areas is limited to operation/maintenance of physical facilities and attributes, not all activities | Held: No — waiver for recreation areas covers negligence tied to physical facilities/amenities; conduct/supervision of the experiment is not within waiver |
Key Cases Cited
- State Dep’t of Corr. v. Watts, 177 P.3d 793 (Wyo. 2008) (§ 1‑39‑106 waiver limited to physical function/defects of buildings, not operations of institutions)
- Weber v. State, 261 P.3d 225 (Wyo. 2011) (waiver for parks/recreation areas can include negligence related to physical facilities/amenities when legislative scheme contemplates such regulation)
- DiVenere v. University of Wyoming, 811 P.2d 273 (Wyo. 1991) (stadium concourse is part of recreation area; failure to maintain walkway falls within recreation area waiver)
- Newberry v. Board of County Comm’rs of Fremont County, 919 P.2d 141 (Wyo. 1996) (maintenance of trail trestle treated as part of recreation area waiver)