Boyd v. Nation, 95-112

Decision Date05 January 1996
Docket NumberNo. 95-112,95-112
Citation909 P.2d 323
PartiesMaurice F. BOYD, Appellant (Plaintiff), v. Lois Ann NATION, Appellee (Defendant).
CourtWyoming Supreme Court

Maurice F. Boyd, Riverton, appellant pro se.

Kathleen J. Doyle of Schwartz, Bon, Walker & Studer, LLC, Casper, for appellee.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

GOLDEN, Chief Justice.

Maurice F. Boyd (Boyd) brought a negligence action against the mayor of Evansville, Lois Ann Nation (Nation), for injuries suffered while he attempted to repair a water line she ordered him to repair. Boyd appeals the district court's order granting Nation's motion for summary judgment, which was based on governmental immunity of public employees pursuant to the Wyoming Governmental Claims Act.

We affirm.

ISSUES

Appellant Boyd originally presented the issue as:

The district court erred in not allowing this case to proceed to trial in order for a jury to decide whether there was an exception to governmental immunity.

Appellee Nation presented the following issues:

1. Whether a town employee can sue the elected Mayor of a town for injuries he received on the job.

(A) Whether Lois Nation, as the Mayor of Evansville, is immune from suit pursuant to the Wyoming Governmental Claims Act.

(B) Whether Lois Nation is immune from suit pursuant to the Wyoming Worker's Compensation Act.

2. Whether the plaintiff is estopped from suing the Mayor based upon a settlement agreement he entered into with the town of Evansville.

In his reply brief, Boyd echoes the issues presented by Nation.

FACTS

On July 3, 1988, a water line broke in the town of Evansville. Boyd, the public works director for Evansville, was injured while attempting to repair the broken water line pursuant to an order from Nation. Boyd claims Nation was aware of the danger of an attempted repair, but she negligently issued the order to repair the water line anyway. Boyd received worker's compensation benefits for his injuries pursuant to a settlement dated June 3, 1991. On May 24, 1993, Boyd filed a personal injury action against Nation, apparently alleging negligence. Nation filed a motion to dismiss on the basis that the statute of limitations for the claim had run. Boyd filed an amended complaint, alleging that Nation was the mayor of Evansville and, as such, was a co-employee of Boyd. Boyd also alleged that he had complied with the Nation later filed a motion for summary judgment. After briefing by the parties and a hearing, the district court granted Nation's motion for summary judgment. The district court held that a government "co-employee can sue under the culpable negligence standard of the worker's compensation statutes only if the action falls within a waiver of immunity." Opining that Harbel v. Wintermute, 883 P.2d 359 (Wyo.1994), is directly on point, the court found that Nation was not "in operation of" a public utility when Boyd was injured, and Nation was immune from suit under the Wyoming Governmental Claims Act.

Wyoming Governmental Claims Act and properly made demand on the Town of Evansville for payment of his claims. The district court's order dismissing Boyd's original complaint and allowing Boyd to amend his complaint to "incorporate specific allegations of the conduct of the defendant as a co-employee with respect to the plaintiff's injuries" did not address Nation's statute of limitations concerns.

DISCUSSION

In United Mine Workers of America, Local 1972 v. Decker Coal Co., 774 P.2d 1274 (Wyo.1989), we held:

It is fundamental, if not axiomatic, that, before a court can render any decision or order having any effect in any case or matter, it must have subject matter jurisdiction. Jurisdiction is essential to the exercise of judicial power. Unless the court has jurisdiction, it lacks any authority to proceed, and any decision, judgment, or other order is, as a matter of law, utterly void and of no effect for any purpose. Subject matter jurisdiction, like jurisdiction over the person, is not a subject of judicial discretion. There is a difference, however, because the lack of jurisdiction over the person can be waived, but lack of subject matter jurisdiction cannot be. Subject matter jurisdiction either exists or it does not and, before proceeding to a disposition on the merits, a court should be satisfied that it does have the requisite jurisdiction. (Citations omitted).

Id. at 1283-84 (quoting Matter of Contempt Order (Anderson), 765 P.2d 933, 936 (Wyo.1988)). It is apparent from the record that the district court in this case was not presented with information sufficient to establish that it had the requisite jurisdiction to hear this case. Therefore, "we are compelled to discuss the issue of subject matter jurisdiction ... even though this issue was raised neither below nor here by the parties." United Mine Workers at 1283 (citing Dee v. Laramie County, 666 P.2d 957 (Wyo.1983); and Matter of Estate of Harrington, 648 P.2d 556, 559 (Wyo.1982)).

Boyd's claim appears to be premised on WYO.STAT. § 27-14-104, 1 which allows a person whose injury is covered by the Wyoming Worker's Compensation Act to recover from a co-employee who caused the injury, and WYO.STAT. § 1-39-108 (1988), 2 which waives governmental immunity for a public employee who is in operation of a public utility or service. As such, we must be satisfied the jurisdictional requirements of the Wyoming Worker's Compensation Act and the Wyoming Governmental Claims Act have been met.

WYO.STAT. § 27-14-105 3 requires that when an injured employee who is covered by In Makinen, we noted that the district court's lack of jurisdiction could effectively dispose of the appeal. However, since we assumed that the district court would dismiss the case without prejudice, we considered the other issues on appeal. Makinen, 893 P.2d at 1153. Unfortunately, in the case before us, Boyd has not presented this court with pertinent authority or cogent argument.

the Wyoming Worker's Compensation Act wishes to pursue his remedies at law by filing a lawsuit, he must serve both the director of the Department of Employment and the attorney general with copies of the complaint. Makinen v. PM P.C., 893 P.2d 1149, 1152 (Wyo.1995). We are unable to find any evidence in the record which satisfies us that Boyd complied with the service requirement of WYO.STAT. § 27-14-105. Accordingly, we hold the district court did not have jurisdiction over the case at the time Nation filed her motion for summary judgment. Makinen, 893 P.2d at 1152-53.

[I]n the absence of the citation of pertinent authority or cogent argument, we will not afford relief to an appellant. While it is permissible under our system for litigants to represent themselves, such litigants do not receive any special benefit in the examination of papers that are presented to this court including briefs.

Amrein v. Wyoming Livestock Bd., 851 P.2d 769, 772 (Wyo.1993) (citations omitted). See also Hamburg v. Heilbrun, 891 P.2d 85, 87 (Wyo.1995); E.C. Cates Agency, Inc. v. Barbe, 764 P.2d 274, 276 (Wyo.1988). We are not inclined to consider the waiver of immunity issues presented without the benefit of pertinent legal authority or cogent argument and affirm the district court's order granting Nation's motion for summary judgment, although not necessarily pursuant to the reasoning provided by the district court's decision letter.

Finally, in Amrein we held that an allegation attempting to...

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    • United States
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    • March 25, 2004
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