Miller v. Sweetwater Cnty. Sch. Dist. #1

Decision Date06 December 2021
Docket NumberS-21-0004
Citation2021 WY 134
CourtWyoming Supreme Court
PartiesGABRIEL ARTURO MILLER, a minor child, by and through his next friend, RACHELLE TRAVIS, Appellant (Plaintiff), v. SWEETWATER COUNTY SCHOOL DISTRICT #1; KELLYCOMPTON-MCGOVERN, individually and in her capacity as Superintendent of Sweetwater County School District #1; ANNIE FLETCHER, individually and in her capacity as Principal of Sweetwater County School District #1; CAROL JELACO, individually and as Trustee and Chairman of the Board for Sweetwater County School District #1; JOHN BETTOLO; MAX MICHELSON; MATTHEW JACKMAN; GEORGE REEDY; STEPHANIE THOMPSON; and LENNY HAY, individually and in their respective capacities as Board Members and/or Officers of Sweetwater County School District #1, Appellees (Defendants).

2021 WY 134

GABRIEL ARTURO MILLER, a minor child, by and through his next friend, RACHELLE TRAVIS, Appellant (Plaintiff),
v.

SWEETWATER COUNTY SCHOOL DISTRICT #1; KELLYCOMPTON-MCGOVERN, individually and in her capacity as Superintendent of Sweetwater County School District #1; ANNIE FLETCHER, individually and in her capacity as Principal of Sweetwater County School District #1; CAROL JELACO, individually and as Trustee and Chairman of the Board for Sweetwater County School District #1; JOHN BETTOLO; MAX MICHELSON; MATTHEW JACKMAN; GEORGE REEDY; STEPHANIE THOMPSON; and LENNY HAY, individually and in their respective capacities as Board Members and/or Officers of Sweetwater County School District #1, Appellees (Defendants).

No. S-21-0004

Supreme Court of Wyoming

December 6, 2021


Appeal from the District Court of Sweetwater County The Honorable Richard L. Lavery, Judge

1

Representing Appellants: Nathan W. Jeppsen, Law Office of Nathan W. Jeppsen, Rock Springs, Wyoming.

Representing Appellees: Timothy M. Stubson and Holly Tysse of Crowley Fleck PLLP, Casper, Wyoming. Argument by Mr. Stubson.

Before FOX, C.J., and DAVIS, KAUTZ, BOOMGAARDEN, and GRAY, JJ.

2

DAVIS, JUSTICE.

[¶1] Gabriel A. Miller (Gabriel) claimed through his mother as next friend that he suffered a traumatic brain injury when he fell and struck his head on a PVC pipe that had been placed across a concrete walkway to divert water away from his grade school building. He sued Sweetwater County School District No. 1 (School District) and others, alleging that the negligent placement of the pipes across the walkway created a dangerous condition and caused his injury.[1] The district court granted the School District's motion for summary judgment, and we affirm.

ISSUE

[¶2] The dispositive issue on appeal is whether genuine issues of material fact precluded summary judgment in favor of the School District on Gabriel's claim that its negligent placement of PVC pipes caused his injuries.

FACTS

[¶3] On January 9, 2017, Annie Fletcher, the principal of Lincoln Elementary School in Rock Springs, Wyoming, discovered that water draining from the school building had created a large puddle inside the building. The water also collected outside the building and froze, creating a slipping hazard. Principal Fletcher informed the School District's maintenance personnel of the problem, and they addressed it that same day by installing six-inch PVC pipes outside the building to divert the water away from it. The pipes extended across a concrete walkway next to the building as depicted below.

3
Image Omitted

[¶4] During the 2016-2017 school year, Gabriel was a seven-year-old student at Lincoln Elementary. On January 10, 2017, he was returning from lunch recess when he fell and struck his head on one of the PVC pipes, as he later told his mother. He described his fall as follows:

Q. Do you know - in either of these pictures, again, is there- can you see where it was that you fell, or do you know?
A. I honestly don't know.
Q. Okay.
A. It could have been either - either one.
4
Q. And did you trip over the pipe or do you remember how you fell?
A. I slipped.
Q. You slipped?
A. Yes.
Q. On ice or what?
A. Ice. There was ice on the pathway. Like, I can't remember if it was - it was, like, on - it was ice. I was running, slipped, fell, and that's all I remember.

[¶5] Gabriel was able to rise immediately from his fall, but he was holding his ear when he encountered one of the playground monitors. She asked him what had happened, and he reported that he had fallen on his ear. She then took him to see the school nurse, who said he would be okay and allowed him to return to class.

[¶6] The school's office assistant called Gabriel's mother, Rashel[2] Travis, and informed her that Gabriel had hit his ear. Ms. Travis immediately checked on him and found him to be fine, but later when she picked him up from school, his teacher reported he had become lethargic. By evening he was vomiting and complained of a headache and dizziness.

[¶7] Ms. Travis took Gabriel to the emergency room in Rock Springs that evening. Physicians there diagnosed him with a brain bleed, and that same evening he was transported by ambulance to a children's hospital in Salt Lake City. Physicians confirmed the brain bleed but determined that immediate surgery was not required. The hospital admitted Gabriel for observation and monitored him to see if he needed surgery, but it ultimately discharged him with a referral for rehabilitation and without performing surgery.

[¶8] On January 28, 2017, Gabriel's attorney served a notice of claim on the School District.[3] On January 9, 2019, his counsel filed a civil action against the School District, which he eventually amended to reflect that it was brought by and through his mother. The complaint alleged that the exposed PVC pipes created a dangerous condition on the school grounds and that the School District thus breached its duty to Gabriel to maintain the premises in a safe condition. The complaint also alleged that the School District breached

5

its duty to use ordinary care in supervising Gabriel, and that it was vicariously liable for the actions of its employees.

[¶9] The School District moved for summary judgment. As relevant to this appeal, it argued that it was entitled to summary judgment on Gabriel's claims because: 1) even if the placement of the PVC pipes could be considered the negligent operation of a government building for which the Wyoming Governmental Claims Act (WGCA) waives immunity, there was no evidence that the pipes caused Gabriel's injuries; 2) to the extent the presence of ice contributed to Gabriel's fall, there was no evidence that the School District's actions caused an unnatural accumulation of the ice, and the natural accumulation doctrine thus precluded Gabriel's claims; and 3) the area where the PVC pipes were placed was a sidewalk, and the WGCA retains governmental immunity for the maintenance of sidewalks.

[¶10] Gabriel's counsel responded that the evidence showed that Gabriel fell in the area of the PVC pipes, and he contended that that evidence alone precluded summary judgment. More specifically, he argued, "Whether the pipes directly caused his injury or whether navigating the exposed pipes caused him to fall on the ice the result is the same." Gabriel's counsel did not respond to the School District's claim that the natural accumulation doctrine precluded any claim that the presence of ice caused his fall, and he did not assert that the ice on which Gabriel slipped was an unnatural accumulation. He likewise did not respond to the School District's argument that his claims asserted the negligent maintenance of a sidewalk and that they were therefore barred under the WGCA.

[¶11] The district court found that the School District failed to make a prima facie showing that it was entitled to summary judgment under the natural accumulation doctrine and thus denied that prong of its motion. With respect to the School District's contention that the WGCA barred Gabriel's claim because it asserted negligent maintenance of a sidewalk, the court discussed the cases applying the WGCA provision but drew no conclusions as to its applicability. Ultimately, the court granted the School District summary judgment on the ground that there was no evidence that the placement of the PVC pipes caused Gabriel's injuries.

. . . Plaintiff has failed to present any facts demonstrating that Defendants' negligence caused his injuries. While Plaintiff argues the pipes caused him to fall because he was either navigating around them or they directly caused his fall, there is no evidence of that. Even considering this testimony, the only evidence would be that Plaintiff hit his head on a pipe. Plaintiff's mother didn't testify that Plaintiff blamed his fall on the pipes or that he stated that the pipes in any way caused his fall. Plaintiff never suggested that he was trying to maneuver around the pipes. There is nothing to indicate why or how it was caused or that an unreasonably dangerous condition caused the
6
fall. And, Plaintiff's suggestion that the pipe was as hard as the ground below doesn't change the result, because if so then the pipe did not make a difference, hitting his head on the ground would have the same result.

[¶12] Gabriel timely appealed to this Court.

STANDARD OF REVIEW

[¶13] We review a district court's ruling on summary judgment de novo and may affirm on any legal ground appearing in the record. James v. James, 2021 WY 96, ¶ 23, 493 P.3d 1258, 1264 (Wyo. 2021) (citing Burns v. Sam, 2021 WY 10, ¶ 7, 479 P.3d 741, 743 (Wyo. 2021)).

We . . . afford no deference to the district court's ruling. Thornock v. PacifiCorp, 2016 WY 93, ¶ 10, 379 P.3d 175, 179 (Wyo. 2016). This Court reviews the same materials and uses the same legal standard as the district court. Id. The record is assessed from the vantage point most favorable to the party opposing the motion . . ., and we give a party opposing summary judgment the benefit of all favorable inferences that may fairly be drawn from the record. Id. A material fact is one that would have the effect of establishing or refuting an essential element of the cause of action or defense asserted by the parties. Id.

James, ¶ 23, 493 P.3d at 1265 (quoting Candelaria v. Karandikar, 2020 WY 140, ¶ 11, 475 P.3d 548, 551 (Wyo. 2020)).

[¶14] "The party moving for summary judgment bears the burden of establishing a prima facie case and showing 'there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.'" Woodward v. Valvoda, 2021 WY 5, ¶ 12, 478 P.3d 1189, 1196 (Wyo. 2021) (quoting O'Hare v. Hulme, 2020 WY 31, ¶ 16, 458 P.3d 1225, 1233...

To continue reading

Request your trial
16 cases
  • Kappes v. Rhodes
    • United States
    • Wyoming Supreme Court
    • April 22, 2024
    ...principle that plaintiffs have the burden of proving the elements of their negligence claims. See, e.g., Miller by & through Travis v. Sweetwater Cnty. Sch. Dist. #1, 2021 WY 134, ¶ 15, 500 P.3d 242, 246-47 (Wyo. 2021) ("To establish negligence, a plaintiff must prove: (1) the defendant owe......
  • Moses Inc. v. Moses
    • United States
    • Wyoming Supreme Court
    • May 5, 2022
    ... ... from the District Court of Sweetwater" County The Honorable ... Suzannah G. Robinson, Judge ... \xC2" ... 2018) (quoting Bush Land Dev. Co. v. Crook Cnty. Weed ... & Pest Control Dist. , 2017 WY 12, ¶ 7, 388 ... 2022) (quoting ... Miller v. Sweetwater Cnty. Sch. Dist. #1, 2021 WY ... 134, ¶ ... ...
  • Spence v. Sloan
    • United States
    • Wyoming Supreme Court
    • August 16, 2022
    ...a district court's ruling on summary judgment de novo and may affirm on any legal ground appearing in the record." Miller v. Sweetwater Cnty. Sch. Dist. # 1 , 2021 WY 134, ¶ 13, 500 P.3d 242, 246 (Wyo. 2021) (citing James v. James , 2021 WY 96, ¶ 23, 493 P.3d 1258, 1264 (Wyo. 2021) ).We .........
  • EOG Res., Inc. v. JJLM Land, LLC
    • United States
    • Wyoming Supreme Court
    • December 28, 2022
    ...¶ 10, 517 P.3d 574, 578 (Wyo. 2022) (citing Spence v. Sloan , 2022 WY 96, ¶ 22, 515 P.3d 572, 579 (Wyo. 2022), and Miller v. Sweetwater Cnty. Sch. Dist. #1 , 2021 WY 134, ¶ 13, 500 P.3d 242, 246 (Wyo. 2021) ). We also review de novo the district court's interpretation of § 30-5-405(b) and i......
  • Request a trial to view additional results
1 books & journal articles
  • Court Summaries, 0222 WYBJ, Vol. 45 No. 1. 38
    • United States
    • Wyoming Bar Journal No. 45-1, February 2022
    • February 1, 2022
    ...fence covenant. Gabriel Arturo Miller, a minor child, through his next friend Rachelle Travis v. Sweetwater County Sch. Dist. #1, et al. 2021 WY 134 December 6, 2021 On January 9, 2017, Annie Fletcher, the principal of Lincoln Elementary School in Rock Springs, discovered that water drainin......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT