Trinity St. John a/k/a Trinity Pope v. Joshua G. Wagner, DDS, PC, d/b/a Dental Care of Jackson Hole
302 P.3d 906
Wyo.2013Background
- Appellant Trinity St. John sought care from appellee Dr. Joshua Wagner for dental services in 2006.
- Appellant paid partially and agreed to use Care Credit; she later learned of high interest terms.
- Appellee later filed breach of contract claim in 2009; appellant asserted counterclaims including WCPA claim in 2010.
- District court dismissed counterclaims as time-barred by statute of limitations, including WCPA claim.
- Wyoming Supreme Court reversed, holding WCPA claim not governed by the two-year professional malpractice statute.
- Case remanded for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the WCPA claim is governed by the two-year professional malpractice statute | St. John argues WCPA arises from professional services and is time-barred | Wagner argues WCPA claim is barred under § 1-3-107(a) due to professional relationship | WCPA claim not governed by two-year statute; remanded for proceedings consistent with ruling |
Key Cases Cited
- Prokop v. Hockhalter, 2006 WY 75 (Wyoming (2006)) (applies two-year professional services statute to professional relationship claims)
- Reinke Mfg. Co., Inc. v. Hayes, 590 N.W.2d 380 (Neb. 1999) (professional-relationship concept informs professional-services limitations)
- Swassing v. Baum, 240 N.W.2d 24 (Neb. 1976) (professional act characterized by specialized knowledge)
- Jorgensen v. State Nat. Bank & Trust, 583 N.W.2d 331 (Neb. 1998) (definition of professional-act/skill basis for professional services)
