Stundon v. Sterling, 87-12

Citation736 P.2d 317,39 Ed.Law.Rep. 819
Decision Date06 May 1987
Docket NumberNo. 87-12,87-12
Parties39 Ed. Law Rep. 819 Robin STUNDON, Appellant (Plaintiff), v. Dave STERLING, Greg Barry, Gary Krause, and Abel Rivera, Appellees (Defendants).
CourtUnited States State Supreme Court of Wyoming

Philip P. Whynott and Linda Steiner Lewis, Cheyenne, for appellant.

Glenn Parker and James Applegate of Hirst & Applegate, Cheyenne, for appellees.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

BROWN, Chief Justice.

The district court granted summary judgment to defendants, co-employees of plaintiff, in this suit alleging culpable negligence. We will affirm.

In this case, Robin Stundon was injured when the brake system on a school bus she was driving failed, and the bus rolled down an incline into another school bus. Thereafter, she brought suit claiming that the mechanics who service the buses were culpably negligent in that they knew that the parking brake needed adjustment, had failed to repair the brake, and yet allowed her to drive the bus. On November 26, 1986, the district court granted summary judgment in favor of defendants, co-employees of plaintiff. On appeal, appellant claims that a genuine issue of material fact as to culpable negligence exists which precludes granting of a summary judgment.

Because Ms. Stundon was covered by worker's compensation, she may recover against her co-employees only if she shows that they were culpably negligent. § 27-12-103, W.S.1977. This court has said that culpable negligence is "willful and serious misconduct." Barnette v. Doyle, Wyo., 622 P.2d 1349, 1362 (1981). See also, Bettencourt v. Pride Well Service, Inc., 735 P.2d 722 (Wyo., 1987). "In order to prove that an actor has engaged in willful misconduct, one must demonstrate that he acted with a state of mind that approaches intent to do harm." Bryant v. Hornbuckle, Wyo., 728 P.2d 1132, 1136 (1986), citing Prosser and Keeton on Torts § 34 (5th ed. 1984).

This court's standard for reviewing the propriety of summary judgment is well established. England v. Simmons, Wyo., 728 P.2d 1137 (1986). The initial burden is on the movant to show that there is no genuine issue of material fact. Fiedler v. Steger, Wyo., 713 P.2d 773 (1986). Once that showing is made, it is incumbent upon the party opposing the motion to come forward with specific facts to show that there is a genuine issue of material fact. Bettencourt v. Pride Well Service, Inc., supra; and Bryant v. Hornbuckle, supra. Conclusory affidavits are insufficient and specific facts must be shown. Blackmore v. Davis Oil Company, Wyo., 671 P.2d 334 (1983).

In this case, Ms. Stundon alleged in her complaint that the mechanics were culpably negligent in intentionally allowing...

To continue reading

Request your trial
19 cases
  • Walsh v. Walsh
    • United States
    • Wyoming Supreme Court
    • 20 Noviembre 1992
    ...genuine issue of material fact exists and that summary judgment should be granted as a matter of law. W.R.C.P. 56(c); Stundon v. Sterling, 736 P.2d 317, 318 (Wyo.1987); Cordova v. Gosar, 719 P.2d 625 (Wyo.1986). A material fact is characterized as a fact which, if proven, would have the eff......
  • Brebaugh v. Hales
    • United States
    • Wyoming Supreme Court
    • 15 Marzo 1990
    ...driller because the evidence failed to demonstrate that he had acted with a state of mind approaching intent to harm. In Stundon v. Sterling, 736 P.2d 317 (Wyo.1986), this court affirmed a summary judgment for school bus mechanics who, contrary to the injured school bus driver's allegations......
  • Baros v. Wells
    • United States
    • Wyoming Supreme Court
    • 5 Octubre 1989
    ...to show that there is a genuine issue. Conclusory statements are insufficient. Pace v. Hadley, 742 P.2d 1283 (Wyo.1987); Stundon v. Sterling, 736 P.2d 317 (Wyo.1987). Even if we were to agree that this activity was extremely dangerous, that does not equate to culpable negligence. There is n......
  • Mostert v. CBL & Associates
    • United States
    • Wyoming Supreme Court
    • 14 Agosto 1987
    ...Bancroft v. Jagusch, Wyo., 611 P.2d 819 (1980)." England v. Simmons, Wyo., 728 P.2d 1137, 1141 (1986). Furthermore, in Stundon v. Sterling, Wyo., 736 P.2d 317, 318 (1987), we noted " * * * [t]he initial burden is on the movant to show that there is no genuine issue of material fact. Fiedler......
  • Request a trial to view additional results

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