History
  • No items yet
midpage
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.
2013
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: Trinity St. John a/k/a Trinity Pope v. Joshua G. Wagner, DDS, PC, d/b/a Dental Care of Jackson Hole
Court Name: Wyoming Supreme Court
Date Published: Jun 5, 2013
Citation: 302 P.3d 906
Docket Number: S-12-0188
Court Abbreviation: Wyo.