Richard J. Amos, Jr., Wrongful Death Personal Representative of Taylor J. Amos Lysager v. Lincoln County School District No. 2 and Lincoln County Board of County Commissioners, for the County of Lincoln, Wyoming
2015 WY 115
Wyo.2015Background
- Five-year-old Taylor Lysager was killed when an unsecured lunchroom bench fell on him at the Metcalf School building, then being used as a community center.
- The School District had ceased using Metcalf, gave the Community Group keys and possession while a sale/transfer to Lincoln County was pending; Lincoln County later acquired the building.
- The bench had been removed from its locked wall frame and was propped in a storage room adjacent to a stage; who moved it is unknown.
- Plaintiff sued the School District, Town of Thayne, and Lincoln County for wrongful death; Lincoln County filed an affidavit of noninvolvement and was dismissed without prejudice.
- The district court denied the School District’s first summary‑judgment motion (duty existed), then granted a renewed motion holding there was no breach or proximate cause as a matter of law and entered final judgment as to the School District.
- The Wyoming Supreme Court reversed the School District summary judgment (questions for jury) and held the dismissal of Lincoln County was not a final, appealable order and dismissed that part of the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether School District breached duty of care by turning building over without warnings or key restrictions | Lysager: District breached ordinary‑care duty by failing to warn or restrict access to keys for heavy benches/tables | School Dist.: It relinquished possession; did not place or know of the bench and owed no further duty | Reversed summary judgment — breach is a jury question (reasonable minds could differ) |
| Whether School District’s conduct was proximate cause of death | Lysager: Failure to warn/restrict was a substantial/foreseeable factor causing mishandling and injury | School Dist.: Unknown third‑party placement of bench is an intervening, superseding cause insulating District | Reversed summary judgment — proximate vs. intervening cause is for jury (fact question) |
| Whether dismissal of Lincoln County on affidavit of noninvolvement is appealable | Lysager: Dismissal without prejudice is subject to appeal | Lincoln County: Affidavit supports noninvolvement; dismissal proper | Not appealable — dismissal without prejudice is not final; appeal as to that order dismissed |
| Finality of Rule 54(b) certification | Lysager: Challenged interlocutory nature of Lincoln County dismissal | School Dist./court: Entered 54(b) certification only as to School District judgment | Court held 54(b) certification applied only to School District; Lincoln County dismissal remains nonfinal |
Key Cases Cited
- Merrill v. Jansma, 86 P.3d 270 (Wyo. 2004) (landowner/invitee duty of reasonable care)
- Johnson v. Dale C., 345 P.3d 883 (Wyo. 2015) (summary judgment standard in negligence cases)
- Foote v. Simek, 139 P.3d 455 (Wyo. 2006) (breach of duty usually for jury when reasonable minds may differ)
- Lucero v. Holbrook, 288 P.3d 1228 (Wyo. 2012) (proximate cause, foreseeability, and intervening cause analysis)
- Buckley v. Bell, 703 P.2d 1089 (Wyo. 1985) (Restatement factors for superseding/intervening cause)