341 P.3d 412
Wyo.2015Background
- Decedent Knight and McCoy were killed in a two-vehicle collision while returning from a work site; Knight worked for M&M Welding Services, LLC (M&M) and McCoy was an owner of M&M.
- Plaintiff, as Decedent's personal representative, filed wrongful death claims against the McCoy Estate and M&M.
- District court granted summary judgment for M&M based on employer immunity under the Wyoming Worker's Compensation Act and granted summary judgment for the McCoy Estate on service, jurisdiction, and statute-of-limitations grounds.
- The court later granted McCoy Estate’s second summary judgment motion on multiple technical defects, including summons and service-related issues, and the statute of limitations.
- Appellant challenged both the immunity ruling against M&M and the limitations/service rulings against the McCoy Estate; the Wyoming Supreme Court affirmed in part and reversed in part.
- The decision concluded that M&M’s employer immunity bars the wrongful death claim against M&M, but the McCoy Estate was not time-barred due to acceptance of service and timely appearance showing the action commenced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does M&M’s employer immunity bar the wrongful death claim? | Knight contends Decedent was not properly on M&M’s payroll and thus no valid coverage. | M&M paid into the workers' compensation fund and Decedent was its employee, entitling it to immunity. | Yes; M&M immunity bars the action. |
| Was service on the McCoy Estate defective, and did it affect personal jurisdiction? | Defective service defeats jurisdiction and timeliness. | Estate accepted service and appeared, waiving objections and preserving jurisdiction. | No; acceptance of service cured defects and preserved jurisdiction. |
| Did acceptance of service toll the statute of limitations for the McCoy Estate claim? | Limitations barred the action because service was defective. | Acceptance of service constituted commencement of the action within the time limit. | Yes; the action commenced within the wrongful death statute of limitations. |
Key Cases Cited
- Clark v. Industrial Co. of Steamboat Springs, Inc., 818 P.2d 626 (Wyo. 1991) (employer immunity requires employer coverage and payment into the fund)
- Wessel v. Mapco, Inc., 752 P.2d 1363 (Wyo. 1988) (immunity absolute even for culpable conduct; coverage required)
- Lundahl v. Gregg, 334 P.3d 558 (Wyo. 2014) (voluntary appearance can substitute for service and toll limitations)
- Rosty v. Skaj, 272 P.3d 947 (Wyo. 2012) (service deficiencies can be cured by voluntary appearance or waiver)
- Operation Save America v. City of Jackson, 275 P.3d 455 (Wyo. 2012) (voluntary appearance may waive jurisdictional objections)