Haney v. Cribbs, 05-279.
| Decision Date | 20 December 2006 |
| Docket Number | No. 05-279.,No. 06-69.,05-279.,06-69. |
| Citation | 148 P.3d 1118,2006 WY 158 |
| Parties | RaNaye HANEY and Duane Haney, individually and as husband and wife, Appellants (Plaintiffs), v. Steve D. CRIBBS, personally; and Drm, Inc., a Wyoming Corporation, Appellees (Defendants). |
| Court | Wyoming Supreme Court |
Representing Appellants: Jeremy D. Michaels of Michaels & Michaels, P.C., Gillette, Wyoming; and Heather Noble, Jackson, Wyoming.
Representing Appellees: Patrick J. Murphy and Michael J. Lansing of Williams, Porter, Day & Neville, P.C., Casper, Wyoming.
Before VOIGT, C.J., and GOLDEN, HILL*, KITE, and BURKE, JJ.
[¶ 1] In these consolidated appeals, we consider Appellants', RaNaye Haney and Duane Haney (the Haneys), contention that the district court erred in dismissing their personal injury complaint against Appellees, Steven D. Cribbs1 and DRM, Inc. (collectively DRM), for the reason that the Haneys served it on the Wyoming Attorney General and the Director of the Wyoming Department of Employment by regular U.S. Mail, rather than by certified mail return receipt requested. This case is docketed as Case No. 05-279.
[¶ 2] The district court's order dismissing the Haneys' case, followed by the Haneys' filing of a renewed and identical complaint on October 31, 2005 (this time properly served on the attorney general and the director, by certified mail return receipt requested), prompted the Haneys to urge the district court to submit two certified questions to this Court. In case No, 06-69, we agreed to answer: (1) Whether or not Wyoming's savings statute allowed the Haneys to refile their personal injury case even though the applicable statute of limitations had expired in the meantime; and (2) whether or not, for purposes of invoking the savings statute, the Haneys' civil action was "commenced by the filing of [their] complaint with the court."
[¶ 3] We will affirm the district court's order dismissing the complaint in Case No. 05-279. In Case No. 06-69, we will answer the first certified question in the affirmative, i.e., the savings statute does allow the re-filing of the Haneys' complaint under the circumstances presented here. We will decline to answer the second question because our answer to the first question is dispositive, and it renders any answer to the second question unnecessary. See Carlson v. Flocchini Investments, 2005 WY 19, ¶ 25, 106 P.3d 847, 857 (Wyo.2005).
[¶ 4] By order entered on July 18, 2006, this Court consolidated these appeals for the purpose of issuing this opinion.
[¶ 5] On June 25, 2001, RaNaye Haney was operating a City of Gillette garbage truck in Campbell County, Wyoming. She was struck from the rear by a truck driven by Steve Cribbs who was employed by DRM. Because her injuries occurred within the course and scope of her employment, Mrs. Haney received worker's compensation benefits of over $196,000.00. On June 14, 2005, just days before the statute of limitations expired, the Haneys filed a complaint against DRM seeking to recover all damages she suffered in the accident. Such a suit is authorized by Wyo. Stat. Ann. § 27-14-105(a) (LexisNexis 2005), although the attorney general and the department (or the worker's compensation division) must be given notice of it so that the State may perfect a limited lien on any damages awarded.2 The statute of limitations applicable to this case is that found at Wyo. Stat. Ann. § 1-3-105(a)(iv)(C) (LexisNexis 2005), which is four years.
[¶ 6] The complaint was served on DRM on June 16, 2004. Prior to the filing of the Haneys' complaint, the attorney general and the worker's compensation division received notice from counsel for the Haneys, of their intent to file the lawsuit at issue here. Later, a copy of the complaint was sent to the attorney general and to the worker's compensation division in a timely manner. DRM answered the complaint on July 27, 2005, and raised, among other issues, the district court's subject matter jurisdiction as a general defense (the specific theory it relied upon was not articulated in the answer). That answer was served on the Haneys, but not on the attorney general or the worker's compensation division.
[¶ 7] On August 19, 2005, after the statute of limitations for the filing of the Haneys' complaint had expired by force of the combined effect of § 1-3-105(a)(iv)(C), W.R.C.P. 3(b), § 27-14-105, and our decision in Terex, infra, DRM filed a motion to dismiss the complaint (and/or for summary judgment) for the reason that the district court lacked subject matter jurisdiction. Under Wyo. Stat. Ann. § 27-14-105 (LexisNexis 2005), the Haneys were required to serve, by certified mail, return receipt requested, a copy of the complaint filed in any such lawsuit, on the Wyoming Attorney General, and the Director of the Department of Employment:
§ 27-14-105. Action against third party; notice; subrogation; legal representation; payment under reservation of rights; actions by department.
(a) If an employee covered by this act receives an injury under circumstances creating a legal liability in some person other than the employer to pay damages, the employee if engaged in work for his employer at the time of the injury is not deprived of any compensation to which he is entitled under this act. He may also pursue his remedy at law against the third party or the coemployee to the extent permitted by W.S. 27-14-104(a). Except as provided by subsections (b), (e) and (f) of this section, if the employee recovers from the third party or the coemployee in any manner including judgment, compromise, settlement or release, the state is entitled to be reimbursed for all payments made, or to be made, to or on behalf of the employee under this act but not to exceed one-third (1/3) of the total proceeds of the recovery without regard to the types of damages alleged in the third-party action. All money received by the state under this section shall be credited to the worker's compensation account and considered in computing the employer's experience rating.
(b) The director and the attorney general shall be served by certified mail return receipt requested with a copy of the complaint filed in any suit initiated pursuant to subsection (a) of this section. Service of the complaint on the director and attorney general is a jurisdictional requirement in order to maintain the suit. The director and the attorney general shall be notified in writing by certified mail return receipt requested of any judgment, compromise, settlement or release entered into by an employee. Before offering settlement to an employee, a third party or its insurer shall notify the state of the proposed settlement and give the state fifteen (15) days after receipt of such notice in which to object. If notice of proposed settlement is not provided, the state is entitled to initiate an independent action against the third party or its insurer for all payments made to and any amount reserved for or on behalf of the employee under this act. If there is a settlement, compromise or release entered into by the parties in claims against a person other than the employer, the attorney general representing the director shall be made a party in all such negotiations for settlement, compromise or release. The attorney general and the director, for purposes of facilitating compromise and settlement, may in a proper case authorize acceptance by the state of less than the state's claim for reimbursement. The proceeds of any judgment, settlement, compromise or release are encumbered by a continuing lien in favor of the state to the extent of the total amount of the state's claim for reimbursement under this section and for all current and future benefits under this act. The lien shall remain in effect until the state is paid the amount authorized under this section. In addition the person paying the settlement remains liable to the state for the state's claim unless the state through the attorney general signs the release prior to payment of an agreed settlement.
(c) If the injury causes the death of the employee, the rights and remedies in this section inure to and the obligations are binding upon the personal representative of the deceased employee for the benefit of his dependents.
(d) Any attorney who fails to notify the director and attorney general of any settlement or fails to ensure the state receives its share of the proceeds of any settlement or judgment under subsection (a) of this section shall be reported to the grievance committee of the Wyoming state bar.
(e) At any time before the statute of limitation bars an employee or his estate from commencing a claim for personal injury or wrongful death, and upon the unsolicited written request of the employee or estate, the department may commence such an action on behalf of the employee or his estate. From any amounts recovered under this subsection, the state is entitled to an amount equal to all sums awarded as benefits to the employee or his estate and all anticipated future medical costs. Any excess recovery shall be paid to the injured employee or his estate.
(f) The department or employer shall have an additional six (6) month limitation period beyond the date on which the employee or his estate is barred under the statute of limitations from commencing a claim for personal injury or wrongful death, in which to commence such an action on behalf of the employee or his estate. From any amounts recovered under this subsection, the state is entitled to an amount equal to all sums awarded as benefits to the employee or his estate, all anticipated future medical costs and all costs of litigation. Any excess recovery shall be paid to the injured employee or his estate.
(g) For purposes of subsections (e) and (f) of this section, nothing in this section prohibits any third party from reimbursing the worker's compensation account for medical or...
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...the direction, be considered more than voidable.’ Id. at 59. [¶ 22] We recently reaffirmed the principles enunciated in Clause in Haney v. Cribbs, 2006 WY 158, ¶ 25, 148 P.3d 1118, 1125 (Wyo.2006) when we concluded that the savings statute allowed plaintiffs to re-file their personal injury......
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