Hugus v. Reeder

• Decision Date: 27 January 2022
• Docket Number: S-21-0153
• Citation: 2022 WY 13
• Parties: JEREMY J. HUGUS, Appellant (Plaintiff), v. BRANDON C. REEDER, Appellee (Defendant).
• Court: Wyoming Supreme Court

2022 WY 13

JEREMY J. HUGUS, Appellant (Plaintiff),
v.
BRANDON C. REEDER, Appellee (Defendant).

No. S-21-0153

Supreme Court of Wyoming

January 27, 2022

Appeal from the District Court of Natrona County The Honorable William J. Edelman, Judge

Representing Appellant:

Jeremy J. Hugus, pro se. Argument by Mr. Hugus.

Representing Appellee:

James C. Worthen and Whitney D. Boyd, Hall & Evans, LLC, Casper, Wyoming. Argument by Mr. Worthen.

Before FOX, C.J., and DAVIS ^[*] , KAUTZ, BOOMGAARDEN, and GRAY, JJ.

1

GRAY, JUSTICE

[¶1] Jeremy Hugus filed suit against Brandon Reeder on the last day of the applicable statute of limitations seeking damages for injuries incurred in a traffic accident. Mr. Hugus later moved to dismiss the action without prejudice. The circuit court granted the motion on November 4, 2019. On July 22, 2020, Mr. Hugus filed another complaint against Mr. Reeder. The district court dismissed this suit as untimely holding that Wyoming's saving statute, Wyo. Stat. Ann. § 1-3-118, ^[1] did not apply to a plaintiff's voluntary dismissal of the first action. We reverse.

ISSUE

[¶2] Mr. Hugus presents one issue:

Did the district court err in holding that Wyo. Stat. Ann § 1-3-118 does not apply to a plaintiff's voluntary dismissals

FACTS

[¶3] On October 20, 2013, Mr. Hugus was a passenger in a vehicle that was "T-boned" by a vehicle driven by Mr. Reeder. On October 20, 2017, Mr. Hugus, a Wyoming attorney, filed a pro se negligence complaint claiming he sustained injuries to his upper back, shoulders, and spine. He requested damages including economic damages for bodily injuries and non-economic damages for "loss of enjoyment and quality of life, emotional trauma, mental anguish and distress." Mr. Hugus failed to comply with the circuit court's case management order and failed to produce materials in response to discovery requests. On April 10, 2018, Mr. Reeder filed a motion to compel discovery and a request for sanctions. After a hearing, the circuit court vacated the trial date and ruled it would not reschedule trial until Mr. Hugus complied with discovery. On August 9, 2019, Mr. Reeder filed a motion to dismiss for lack of prosecution based on Mr. Hugus' failure to take any action on the case since early 2018. On October 11, 2019, the circuit court set a trial date for February 13, 2020. On November 1, 2019, Mr. Hugus filed a motion to dismiss the case without prejudice. This motion was granted on November 4, 2019.

[¶4] On July 22, 2020, Mr. Hugus filed a new complaint. In it he reasserted his original negligence claim and added a new claim for reckless driving. He, for the first time, sought

2

punitive damages as well as pre-judgment and post-judgment interest. Mr. Reeder filed a motion to dismiss the new complaint. Both parties argued the application of Wyo. Stat. Ann. § 1-3-118, the saving statute, which provides:

Right to commence new action.

If in an action commenced in due time a judgment for the plaintiff is reversed, or if the plaintiff fails otherwise than upon the merits and the time limited for the commencement of the action has expired at the date of the reversal or failure, the plaintiff, or his representatives if he dies and if the cause of action survives, may commence a new action within one (1) year after the date of the failure or reversal. This provision also applies to any claim asserted in any pleading by a defendant.

Wyo. Stat. Ann. § 1-3-118 (LexisNexis 2021). Mr. Reeder claimed the new action was outside the four-year statute of limitations pursuant to Wyo. Stat. Ann. § 1-3-105(a)(iv)(C), and the claims were not timely under Wyo. Stat. Ann. § 1-3-118. In the alternative, Mr. Reeder argued that, even if the refiled negligence claim was timely under Wyo. Stat. Ann. § 1-3-118, the new liability and damage claims were not. Mr. Hugus responded that Wyo. Stat. Ann. § 1-3-118 applied making his action timely...