Certified Question from U.S. Dist. Court, Dist. of Wyoming, Matter of, 4677
| Decision Date | 26 May 1976 |
| Docket Number | No. 4677,4677 |
| Citation | 549 P.2d 1310 |
| Parties | . James David HANCHEY v. Sue F. STEIGHNER et al. Supreme Court of Wyoming |
| Court | Wyoming Supreme Court |
The United States District Court for the District of Wyoming, having pursuant to §§ 1-193.3 through 1-193.4, W.S.1957, 1975 Cum.Supp., certified to this court a question as follows:
'Whether the Wyoming Guest Statute, Wyo.State. § 31-233, violates the equal protection guarantees and provisions of the Wyoming and United States Constitutions?
'This Court certifies that this question of law will be determinative of the captioned case presently pending in this Court, and that it appears to this Court that there is no controlling precedent on this precise issue in the existing decisions of the Wyoming Supreme Court.
'This litigation is grounded upon injuries sustained by the Plaintiff, James David Hanchey, when the vehicle he was occupying was involved in a single car accident in Natrona County, on August 9, 1974.
and we find and conclude that:
1. The federal case is now merely in the pleading stage, there having been filed only a second amended complaint and an answer to second amended complaint.
2. The only facts certified are that the defendant, while driving her car, ran into a bridge, injuring plaintiff, a passenger.
3. Rule 52(c), W.R.C.P., provides as follows:
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CERTIFICATION COMES OF AGE: REFLECTIONS ON THE PAST, PRESENT, AND FUTURE OF COOPERATIVE JUDICIAL FEDERALISM.
...trial court to do but apply our answer to the question or questions and enter judgment." Hanchey v. Steighner (Inre Certified Question), 549 P.2d 1310, 1311 (Wyo. 1976). Other courts have interpreted the phrase somewhat more broadly, "permitting certification if one of the possible answers ......