Steven A. Johnson and Karen Johnson, Husband and Wife
2015 WY 42
| Wyo. | 2015Background
- Steven Johnson was injured while helping his elderly father Dale Johnson feed cattle at property owned by the Dale C. and Helen W. Johnson Family Revocable Trust.
- The district court granted summary judgment in favor of the Trust, holding no duty of care was owed and no evidence of breach.
- Johnson testified he had decades of ranching experience and that the loading method used since the 1980s was followed on the day of injury.
- The hay stack loading process involved pulling strings to drop bales onto a sleigh; Johnson stood about four feet above the sleigh when the string broke.
- The court found no evidence the Trust exercised enough control to impose a duty or that safety equipment should have been provided, and that Johnson himself controlled how force was applied.
- The Court affirmed summary judgment, concluding no breach of a duty of reasonable care was shown even if a duty existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly granted summary judgment on duty and breach. | Johnson contends the Trust owed a duty of care and breached it. | Trust contends there was no duty or breach; no control over work; no safety duty breached. | Yes; summary judgment affirmed; no breach shown even if a duty existed. |
Key Cases Cited
- Hatton v. Energy Electric Co., 2006 WY 151, 148 P.3d 8 (Wy. 2006) (duty, standard of care in negligence actions)
- Collings v. Lords, 2009 WY 135, 218 P.3d 654 (Wy. 2009) (mere conjecture insufficient for liability; elements of negligence)
- Downen v. Sinclair Oil Corp., 1994 WY 21, 887 P.2d 515 (Wy. 1994) (injury alone not enough to establish negligence)
- Foote v. Simek, 2006 WY 96, 139 P.3d 455 (Wy. 2006) (employer duty to provide reasonably safe workplace)
- Jones v. Chevron, U.S.A., Inc., 718 P.2d 890, 893-95 (Wyo. 1986) (Wy. 1986) (duty when employer exercises control over contractor’s work)
- Caterpillar Tractor Co. v. Donahue, 674 P.2d 1276, 1282-83 (Wyo. 1983) (Wy. 1983) (customs and practice evidence relevant to standard of care)
- Birt v. Wells Fargo Home Mortgage, Inc., 75 P.3d 640, 664 (Wyo. 2003) (Wy. 2003) (summary judgments in negligence may be affirmed on any record basis)