926 F. Supp. 2d 1255
D. Wyo.2013Background
- Tolman injured in a 2008 ATV accident; Gamma Nail #3 surgically implanted in Billings, Montana.
- Gamma Nail later snapped in Wyoming, causing additional surgeries and lasting impairment.
- Tolman and wife filed suit against Stryker on negligence, strict products liability, breach of implied warranties, and loss of consortium (Dec 19, 2012).
- Stryker moved to dismiss under Rule 12(b)(6), arguing Montana law governs and claims are time-barred.
- The court applies Wyoming choice-of-law rules, determines Wyoming law governs tort claims, assesses timeliness, and grants in part the motion (warranty claims) and denies in part (negligence, strict liability, and consortium).
- Wyoming law provides a four-year statute of limitations for negligence and for strict products liability; warranty claims are time-barred under Wyoming law; Montana law would also bar the warranty claims).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What law governs Tolman’s tort claims? | Tolman injured in Wyoming; Wyoming law governs. | Tort occurred in Montana; Montana law should apply. | Wyoming law governs tort claims. |
| Are Tolman’s negligence and strict products liability claims timely? | In Wyoming, four-year limit from injury; filing within four years. | Apply Montana/earlier accrual; time-barred. | Claims timely under Wyoming four-year statute. |
| Are Tolman’s breach of implied warranty claims time-barred? | Wyoming four-year warranty period applies; untimely if the date of tender is Sept 8, 2008. | Montana three-year limit; Wyoming law should apply for four-year limit. | Warranty claims time-barred under Wyoming law; claims dismissed. |
Key Cases Cited
- Archuleta v. Valencia, 871 P.2d 198 (Wyo. 1994) (place of wrong governs substantive tort law; traditional lex loci delicti rule)
- Duke v. Housen, 589 P.2d 334 (Wyo. 1979) (restatement rule for tort choice-of-law in Wyoming; injury accrues for liability)
- Ogle v. Caterpillar Tractor Co., 716 P.2d 334 (Wyo. 1986) (four-year limit for personal injury warranty actions; accrual from injury/date of tender)
- Davis v. City of Casper, 710 P.2d 827 (Wyo. 1985) (tort accrual requires injury; no tort without damage)
- Anderson v. Bauer, 681 P.2d 1316 (Wyo. 1984) (tort accrual considerations in Wyoming)
- Ball v. Ball, 269 P.2d 302 (Wyo. 1954) (lex loci delicti; place of injury governs)
- Myers v. Hayes Int’l Corp., 701 F.Supp. 618 (M.D. Tenn. 1988) (conflicts-based considerations cited in choice-of-law)
- Verschoor v. Mountain W. Farm Bureau Mut. Ins. Co., 907 P.2d 1293 (Wyo. 1995) (derivative nature of loss of consortium)