*1 (LexisNexis pursu- § was enhanced member, conviction 2009). 6-2-501({)@ii)to a $ Aun. Wyo. ant to accordingly to
felony. He was sentenced in this case Information years, to four of two imprisonment Tyner pertinent charged term split sen- ... and in in favor of suspended [Prosecutor] NOW COMES which was by jail county followed authority months of the State by tence of six the name and In this probation. gives supervised Court and years Wyoming, informs the three previ- his KEITH AL- challenges the use of Tyner to understand the Court appeal, felony 28rd ... on or about for the LAN TYNER as a basis convictions ous unlawfully December, ... did day the merits not reach We need enhancement. rude, angry there we find or complaints because in a insolent Tyner's touch another knowingly, or intentionally, or manner that we va- requiring error fundamental is another, bodily injury recklessly cause See Sanchez Tyner's conviction. cate (sua will be the Defendant conviction State, subsequent offense of a third or convicted resulting error of blatant sponte recognition ... member against any other household justice); Town Green miscarriage of in a (10) years, in viola- ten previous Martin, River v. amended, § W.S.1977, 6-2- tion of (court (1953) may notice fundamen .... although in the record appearing tal error attention). indicated, alleged not called to its erimi- Tyner's As activity occurred on December nal Tyner was The record shows after the effective five months violating a statute that convicted charged Tyner, amendment. alleged criminal time the at the superseded language of the su in conformance with 6-2-501(b) was activity Section occurred. 6-2-501(b). such, § As perseded version Wyo. Sess. 2009. 2009 charge a Information failed amendment, Laws, Before the chs. Wyoming law. Since offense under criminal provided: valid, Tyner's charge was not the criminal battery if he unlaw- guilty of person A is stand, hereby is conviction cannot insolent, rude, or another in a fully touches charges are no other Because there vacated. intentionally, knowingly or angry manner Tyner, the case is remanded bodily injury to anoth- recklessly or causes prejudice the directions to dismiss er. Information. (LexisNexis substantively amendment The 2009 statute, crime separating out the rewrote battery of unlawful contact. and the crime provides pertinent 6-2-501 now Section Represen HOFFMAN, Personal
part: Bryan Gregory tative of the Estate (b) battery if he guilty of person A is (Plain Deceased, III, recklessly intentionally, knowingly or tiff), person bodily injury to another causes force. physical use of DARNELL, D.O., and Johnson # omoskos Brian District, Appellees con- guilty of unlawful (g) person A (Defendants). tact he: No. (i) rude, in a person another Touches without inten- angry or manner insolent Supreme Court force to using physical tionally sufficient another; bodily injury to or cause (ii) bodily injury to Recklessly causes person.
another
BURKE, Justice. This case involves a claim arising Governmental Claims (WGCA),Wyo. Act §§ Stat. Ann. (LexisNexis 2007). through -121 Appellant, Hoffman, personal representative decedent, the estate of the Gregory Bryan III, brought a wrongful death suit against Dr. Brian Darnell and the Johnson (Hospital). District preju- dismissed the action with dice, finding it lacked to amend his complaint. We reverse.
ISSUES Appellant presents the following
. is- sues:
1. Whether the district court has discre- tion to allow leave to amend a com- plaint 15(a) pursuant to W.R.C.P. allege compliance with the constitu- tional statutory requirements specificity claims with and, so, whether the amendment re- lates back to the usurped Whether this Court the au- thority Wyoming Legislature by cre- ating "special rules, pleading" such separation it violates the pow- ers govern- between the branches of ment. 12(h)(8)
3. Whether requires W.R.C.P. the district court to dismiss a com- juris- for lack of diction when it has notice the com- plaint is defective. Representing Appellant: Jeffrey J. Gonda FACTS Roberts,
and Amanda K. Lonabaugh & Appellant, personal representa LLP, Sheridan, Riggs, estate, tive of the decedent's initiated a Representing Appellees: wrongful death Billie LM. Ad- action dleman, LLP; Applegate, Hirst Scott P. Neville, Williams,
Klosterman and Frank D. Johnson District Court. Accord Porter, Neville, PC, Day ing complaint, Casper, Wyo- & a.m., ming. 1:40 Mr. Pickett was taken to the Hos pital's emergency room complaining after KITE, C.J., GOLDEN, HILL, Before back, side, groin Darnell, pain. Dr. VOIGT, BURKE, JJ. treating physician employee it failed to because deficient complaint was a kid diagnosed Mr. Hospital, the notice of on which allege the date observing Mr. Pickett After ney stone. Hospital and presented to hours, Darnell dis Dr. compliedwith that the claim Later failed to from the charged him 911 after and certification *3 signature called Pickett's wife the evening, Mr. Constitution, required in bathroom. Wyoming their him unconscious finding 31, arrived, 86 P.3d Florquist, Mr. 2004 WY v. ambulance Beaulieu the When II). (Beqauliew personnel Appellant unresponsive. The (Wyo.2004) pale and was 863 complaint to resus to Hospital were unable leave to duty at the moved for on Wyo the WGCA compliancewith pronounced allege was and he citate Mr. a autopsy An determined attached pm. Appellant at 8:20 ming dead Constitution. that kidney but a stone the motion. complaint not have that he did proposed aneurysm had aortic that was leaking abdominal determined a district court The grant jurisdiction to subject his death. matter caused to amend the defective Appellant leave 4, 2008, pre Appellant February On [T4] preju with the action and dismissed The to the notice of claim a sented limitations had dice because satisfied timely filed and was of claim notice appeal followed. expired. This in forth set all the a contents of as to the REVIEW STANDARDOF The claim was claim. governmental notice penalty sworn to signed and also a court has Whether [T7] 16, § Article 7 with perjury compliance law, question of which jurisdiction is a matter Wyoming the Constitution. Casper, City Brown v. de novo. we review 2008, 25, Appellant filed April On 1186, ¶ 8, (Wyo. 35, 1189 248 P.3d 2011 WY Hospital and Dr. the suit for of limitations two-year statute forth wrongful action set a death DISCUSSION com- § 1-38-102. case are not The facts in this "(alll precedent conditions that plaint stated notice of claim Appellant filed a dispute. per- action have been bringing of this to the §Ann. 1-89- complied that with occurred, including pro- the have formed or 16, § 7 of the and Article for application completion of cessing to In his com respects. in all the Medical claim before review of allege the not Appellant did plaint, Panel, Review presented was which the claim date on to and with the Johnson of this claim compliance with not Hospital and did Hospital Hospital District." signature and certification the constitutional affirmative and asserted Darnell answered governmental a notice of time, neither the At that defenses. reason, the claim. For that claimed nor Dr. Darnell ju subject matter lacked that it determined to invoke complaint insufficient to amend allow risdiction to a sched- jurisdiction. The court held court's August and set uling conference 24, the week of trial for City Casper, we re In Brown precedent on inconsistency in our 2009, 28, 15 solved On by a jurisdiction is invoked commenced, of whether and after issue the case months after wrongful allege compliance for a limitations fails to pleading that the statutes of and the Constitution the WGCA governmental claim and for a death action invoked "subject jurisdiction is expired, Appellees asserted had alleging a claim complaint to invoke complaint was insufficient Id., 19, 248 entity." governmental against a action should jurisdiction and that the that "in cases further held at 1189. We joint motion P.3d Appellees filed a be dismissed. of claim where a notice arguing the judgment pleadings
939 64, ¶ 8, 939, 2011WY 252 P.3d presented fails to fact, J., (Wyo.2011) (Voigt, district courts have the discretion specially concurring); ¶ 48, to cure 2011WY to allow amendment of the J., (Wyo.2011) (Voigt, the failure." Id. We summarized our dissenting); Mad sen v. Bd. Trustees Mem'l Hosp. County, ¶ 22, Sweetwater 2011 WY Pursuant to the constitution and the stat- (Wyo.2011) J., ute, (Voigt, P.3d concur the district courts have ring dissenting part); brought against hear and decide actions ¶¶ entities, City Casper, whether or not com- 57- Brown J., (Voigt, pliance alleged, if notice of claim com- dissenting). plying with the constitutional and *4 presented. Dis-
trict courts also have the amendment of a complying of a notice of claim with the statute and constitution when timely presented.
such a notice was
fact
[Bd.
To the extent
Trustees
2011 WY64
Wyoming v.]
[662
Univ.
Bell
P.2d 410
(Wyo.1983)]
progeny
and its
held other-
FREMONT COUNTY
DE-
SHERIFF'S
wise, those decisions are overruled.
PARTMENT and Riverton Police
Id., ¶ 44,
Finally,
pliance with the constitutional and
STROM, Respondent.
Raecheal
re
back to the date
lates
County
Department
Fremont
Sheriff's
Id., ¶ 46,
Department,
and Riverton Police
Petitioners,
reaffirmed
[¶ 10] We
Hosp.,
Madsen v. Bd.
Trs. Mem'l
(Wyo.2011),
court's order denying Appellant's motion to In light dispo of this sition, do not we address remain ing issues.
[T11] We reverse and remand to the dis- proceedings trict court for further consistent opinion. with this VOIGT, Justice, specially concurring. majori I concur the result of the ty opinion respect out of for the doctrine of decisis,
stare I believe the result wrong. Dep't Fremont See Sheriff's