Gibson v. State Through Dept. of Revenue and Taxation
| Decision Date | 22 May 1991 |
| Docket Number | No. 90-274,90-274 |
| Citation | 811 P.2d 726 |
| Parties | Sandra Rae GIBSON, as Personal Representative and Administratrix of the Estate of April Dawn Gibson, and Stephen W. Lewis, as Personal Representative and Administrator of the Estate of Crystal Lynette Lewis, Appellants (Plaintiffs), Ivy Lakey, as Personal Representative and Administrator of the Estate of Cindy L. Lewis (Plaintiff), v. The STATE of Wyoming through the DEPARTMENT OF REVENUE AND TAXATION, Lynn Funkhouser, individually, in his capacity of Driver Control Manager of the Department of Revenue and Taxation, and Larry Pitmon, individually, in his capacity of Supervisor of the Financial Responsibility Division of the Department of Revenue and Taxation, Appellees (Defendants). |
| Court | Wyoming Supreme Court |
Robert W. Horn, Jackson, for appellants (plaintiffs).
Joseph B. Meyer, Atty. Gen., Michael L. Hubbard, Sr. Asst. Atty. Gen., and Milo M. Vukelich, Asst. Atty. Gen., for appellees (defendants).
Before URBIGKIT, C.J., and THOMAS, CARDINE, MACY and GOLDEN, JJ.
Appellants Sandra Rae Gibson, as the personal representative of the estate of April Dawn Gibson, and Stephen W. Lewis, as the personal representative of the estate of Crystal Lynette Lewis, seek review of an order of the district court dismissing their complaint asserting negligence claims against appellees State of Wyoming and two employees of the Wyoming Department of Revenue and Taxation. Appellants complained that the negligence of the named state employees, in failing to enforce Wyoming's financial responsibility statutes, was the proximate cause of their damages.
We affirm.
In their complaint appellants allege that John C. Ramey caused the deaths of their decedents on December 3, 1988; that Ramey was driving westbound in the eastbound lane of Interstate 25 about nine miles east of Casper when he collided with the decedents; that Ramey, prior to this accident, had been required to show financial responsibility in accordance with W.S. 31-9-401, et seq., because of traffic violations; and that he had, in fact, submitted such documentation to the Department of Revenue and Taxation, Financial Responsibility Division (FRD). In addition, exhibits attached to the complaint demonstrated that, under date of December 16, 1987, Ramey's insurer notified the FRD that Ramey had the statutorily required insurance in place. A second document was submitted to the FRD by Ramey's insurer, under date of May 31, 1988, which notified FRD that Ramey's insurance coverage was to be cancelled on June 18, 1988. Appellants alleged in their complaint that, under the governing statutes, the FRD was required to suspend the license and registration of Ramey for his failure to maintain proof of financial responsibility. Appellants maintain FRD failed to do this, and that failure was the proximate cause of their damages.
Pursuant to motion filed by appellees, the district court dismissed appellants' complaint on the basis that W.S. 1-39-108 did not waive the immunity of the State for the appellants' claim.
In this appeal appellants reassert their contention that the State of Wyoming waived its immunity to their suit by enactment of W.S. 1-39-108, which provides:
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