Mills v. Reynolds

• Decision Date: 11 March 1991
• Docket Number: 89-195,Nos. 89-193,s. 89-193
• Parties: Timothy L. MILLS, Appellant (Plaintiff), v. Guy REYNOLDS and Sid Marks, Appellees (Defendants). Levi Harry BUNKER, Appellant (Plaintiff), v. Jim NIGGEMYER, Appellee (Defendant).
• Court: Wyoming Supreme Court

Page 383

807 P.2d 383

Timothy L. MILLS, Appellant (Plaintiff), v. Guy REYNOLDS and Sid Marks, Appellees (Defendants).

Levi Harry BUNKER, Appellant (Plaintiff), v. Jim NIGGEMYER, Appellee (Defendant).

Nos. 89-193, 89-195.

Supreme Court of Wyoming.

March 11, 1991.

Rehearing Granted May 6, 1991.

Gary L. Shockey and Phillip White, Spence, Moriarity & Schuster, Jackson, for appellants.

William S. Bon, Schwartz, Bon, McCrary & Walker, Casper, for appellees Reynolds and Marks.

Patrick J. Murphy, Williams, Porter, Day & Neville, P.C., Casper, and John T. Pappas, Western Law Associates, P.C., Lander, for appellee Niggemyer.

Rodger McDaniel, McDaniel & Tiedeken Law Offices, Cheyenne, for amicus curiae, Wyoming AFL-CIO.

Robert W. Tiedeken, McDaniel & Tiedeken Law Offices, and George Santini, Graves, Santini & Villemez, P.C., Cheyenne, for amicus curiae, Wyoming Trial Lawyers Ass'n.

Joseph B. Meyer, Atty. Gen., Ron Arnold, Sr. Asst. Atty. Gen., Larry M. Donovan, Asst. Atty. Gen., for amicus curiae, State of Wyo.

Patrick R. Day, Holland & Hart, Cheyenne, for amici curiae Rocky Mountain Oil and Gas Ass'n, Wyoming Mining Ass'n, Wyoming Trucking Ass'n, Inc., and Associated Gen. Contractors of Wyoming, Inc.

Before URBIGKIT, C.J., and THOMAS, CARDINE, ^* MACY, and GOLDEN, JJ.

THOMAS, Justice.

The primary question that must be resolved in this case is whether Wyo. Const. art. 10, § 4 forecloses the legislature from extending the immunity of employers to co-employees acting within the scope of their employment. Stated another way, is the legislature foreclosed by the constitution from eliminating a cause of action that had been earlier recognized in the law? In addition to challenging the authority to eliminate a cause of action, the primary issue also presents a question of interpretation of Wyo. Const. art. 10, § 4. Additional issues are presented by the alternative argument of the respective appellants that the accused statute, § 27-14-104(a), W.S.1977 (Cum.Supp.1989) ¹, is contrary to Wyo Timothy L. Mills (Mills) and Levi Harry Bunker (Bunker) filed separate briefs that state the issues identically:

Const. art. 1, §§ 2, 3, 6, 7, 8, 9, and 34, as well as Wyo. Const. art. 3, § 27. These additional claims of unconstitutionality strike more directly at the authority of the legislature to eliminate a cause of action. The district court, in granting summary judgments in favor of the respective defendants, ruled that § 27-14-104(a), W.S.1977 (Cum.Supp.1989), is constitutional, contrary to all of the contentions of the appellants. We agree that the statute is constitutional and affirm the judgment of the district court.

"1. Does Wyo.Stats.1977, as amended, Section 27-14-104, which grants immunity from suit to coemployees, violate Article 10, Section 4, of the Wyoming Constitution, which provides that 'No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person?'

"2. Does Wyo.Stats.1977, as amended, Section 27-14-104, which grants immunity from suit to coemployees, violate Article 10, Section 4, of the Wyoming Constitution, which limits the immunities which can be granted pursuant to Worker's Compensation laws to the 'employer contributing as required by law' to the compensation fund?

"3. Does Wyo.Stats.1977, as amended, Section 27-14-104, which grants immunity from suit to coemployees, violate Article 1, Sections 2, 3, 6, 7, 8, 9, and 34, and Article 3, Section 27, which provide for equality among all members of the human race in the right to life, liberty, and the pursuit of happiness; equal political rights, equality in civil rights, and equal privileges among all citizens; due process of law; prohibit absolute and arbitrary uses of power, even by the greatest majority; provide for equal access to the courts for all citizens; provide that the right to a jury trial is inviolate; provide that all laws shall have a uniform operation; and which prohibit special legislation, especially special legislation which calls for the 'limitation of civil actions,' and which grants 'to any corporation, association or individual ... any special exclusive privilege, immunity, or franchise whatever?' "

Guy Reynolds (Reynolds) and Sid Marks (Marks) state the only issue that they perceive in this way:

"The sole issue for review is whether in granting summary judgment in favor of the defendants, the District Court correctly held that the part of § 27-14-104(a), W.S.1977, prohibiting lawsuits between co-employees while acting in the course and scope of their employment was not unconstitutional."

Jim Niggemyer (Niggemyer), responding to the arguments of Bunker, presents this statement of the issue:

"Is the Wyoming Legislature's elimination of co-employee liability constitutional?"

In addition to the briefs of the parties, the court was favored with briefs of amicus curiae from several interested groups, all filed with the permission of the court. In the Amicus Curiae Brief of the Wyoming AFL-CIO, the issues in the appeal are articulated in this way:

"A. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 2 of the Wyoming Constitution which guarantees:

"In their inherent right to life, liberty and the pursuit of happiness, all members of the human race are equal.

"B. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 3 of the Wyoming Constitution which provides:

"Since equality in the enjoyment of natural and civil rights is only made sure through political equality, the laws of this state affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstance or condition whatsoever other than individual "C. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 6 of the Wyoming Constitution which reads as follows:

incompetency, or unworthiness duly ascertained by a court of competent jurisdiction.

"No person shall be deprived of life, liberty or property without due process of law.

"D. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 7 of the Wyoming Constitution which guarantees:

"Absolute, arbitrary power over the lives, liberty and property of free men exists nowhere in the republic, not even in the largest majority.

"E. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 8 of the Wyoming Constitution which assures access to the courts of this state as follows:

"All courts shall be open and every person for an injury done to person, reputation or property shall have justice administered without sale, denial or delay.

"F. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 9 of the Wyoming Constitution which reads in pertinent part as follows:

"The right of trial by jury shall remain inviolate in criminal cases, but a jury in civil cases in all courts or in criminal cases in courts not of record, may consist of less than twelve men, as may be prescribed by law.

"G. Does W.S. 27-14-104(a) violate the provisions of Article 1, Section 34 of the Wyoming Constitution which guarantees:

"All laws of a general nature shall have a uniform operation.

"H. Does W.S. 27-14-104(a) violate the provisions of Article 10, Section 4 of the Wyoming Constitution which reads in pertinent part as follows:

"No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person.

* * * * * *

"The right of each employee to compensation from such fund (referring to this Constitutional section as providing for the maintenance of a fund for the payment of compensation to injured employees) shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to such fund in favor of any person or persons by reason of any such injuries or death. (Emphasis added.)"

The Wyoming Trial Lawyers Association says that the issue is:

"Does absolute co-employee immunity under Section 27-14-104(a), W.S.1977 (1987 Cum.Supp.), violate Article 10, Section 4, of the Wyoming Constitution?"

In the Amicus Curiae Brief of the State of Wyoming, there is no statement of an issue, but the statement of the argument suffices in lieu of an issue statement. It is:

"Section 27-14-104(a), W.S.1986, does not afford complete, absolute co-employee immunity but rather limits the available remedies to injured co-workers."

Lastly, in the Amicus Curiae Brief of the Rocky Mountain Oil and Gas Association, the Wyoming Mining Association, the Wyoming Trucking Association, Inc., and the Associated General Contractors of Wyoming, Inc., the statement of the issue is:

"May the Legislature constitutionally grant coemployees immunity from suit, when acting within the scope of their employment, under Wyoming's Worker's Compensation Act?"

These cases present a pure question of the constitutionality of the statute. Consequently, the operative facts may be very briefly stated. Mills was employed by Dunbar Well Service, Inc. and, early in March of 1988, Reynolds directed Mills to paint the hood of a truck using equipment and materials provided by Marks. Both Reynolds and Marks were co-employees of Mills. While Mills was engaged in the assigned task, and was following instructions given him by Reynolds, an underrated pressure regulator burst near his face. Mills received severe injuries that included the loss of his left eye. He was awarded worker's In the companion case, Bunker was employed by Universal Equipment Co. and received instructions from Niggemyer, a supervisory co-employee, to remove some electrical equipment from the old concentrator area of the Atlantic City mine site. Niggemyer informed Bunker that the electricity had been shut off, but the electricity had not been shut off. When Bunker attempted to remove the equipment, as directed, he received severe electrical burns over 47% of his body and also suffered a broken hip when he fell from a ladder. Bunker also was awarded...