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CHAPTER 1 - GENERAL PROVISIONS AS TO CIVIL ACTIONS

 

1-1-101. Provisions to be liberally construed.

 

TheCode of Civil Procedure and all proceedings under it shall be liberallyconstrued to promote its object and assist the parties in obtaining justice.The rule of common law that statutes in derogation thereof must be strictlyconstrued has no application to the Code of Civil Procedure, but this shall notbe so construed as to require a liberal construction of provisions affectingpersonal liberty, relating to amercement or of a penal nature.

 

1-1-102. Minors as parties to actions.

 

Everyperson over fourteen (14) years of age and under the age of majority, whensubject to no disability other than being a minor, may sue or be sued. Whenplaintiff he shall sue by a next friend selected by him before suit iscommenced. The next friend is liable for the cost chargeable to the plaintiff.When the minor is sued he shall appear by guardian nominated by him andappointed by the court before further proceedings are had in the case, butjudgment shall be against the minor defendant only. In either case, ifplaintiff or defendant neglects or refuses to nominate a next friend orguardian, the court shall appoint a next friend or guardian, who shall file hisconsent in writing, with the court.

 

1-1-103. Power of deputies.

 

Aduty enjoined by statute upon a ministerial officer or an act permitted to bedone by him may be performed by his lawful deputy.

 

1-1-104. Sureties; justification.

 

Acourt or an officer authorized by law to approve a surety may require suchperson to testify orally or in writing touching his sufficiency, but this initself shall not exonerate the officer in an action for taking insufficientsurety.

 

1-1-105. Sureties; qualifications.

 

Suretiesshall be residents of this state, worth in the aggregate double the sum to besecured, beyond the amount of their debts, and have property liable toexecution in this state equal to the sum to be secured. Every person acting assurety for another shall file with the court his affidavit showing that hemeets the requirements set forth herein.

 

1-1-106. Compensation of cross demands.

 

Whencross demands exist between persons under circumstances that if one brought anaction against the other, a counterclaim or setoff could be set up, neither canbe deprived of the benefit thereof by assignment by the other, or by his death,but the two (2) demands will be deemed compensated so far as they equal eachother.

 

1-1-107. Furnishing of transcripts.

 

Upon request and receipt of the lawful feesrequired, judges of judicial tribunals and the clerks of every court of record,shall furnish to any person an authenticated transcript of proceedingscontaining the judgment or final order in their court.

 

1-1-108. Voluntary partial payment of liability claims.

 

Novoluntary partial payment of a claim based on alleged liability for injury orproperty damage shall be construed as an admission of fault or liability, or asa waiver or release of claim by the person receiving payment. Such payment isnot admissible as evidence in any action for the purpose of determining theamount of any judgment, with respect to the parties to the occurrence fromwhich the claim arose. Upon settlement of the claim, the parties may make anyagreement they desire in respect to all voluntary partial payments. After entryof judgment, any such payment shall be treated as a credit and deducted fromthe amount of the judgment. If after partial voluntary payments are made it isdetermined by final judgment of a court of competent jurisdiction that thepayor is liable for an amount less than the voluntary payments already made,the payor has no right of action for the recovery of amounts by which thevoluntary payments exceed the final judgment. No voluntary partial paymentsshall be construed to reduce the amount of damages which may be pleaded andproved in a court proceeding between the parties.

 

1-1-109. Comparative fault.

 

(a) As used in this section:

 

(i) "Actor" means a person or other entity, includingthe claimant, whose fault is determined to be a proximate cause of the death,injury or damage, whether or not the actor is a party to the litigation;

 

(ii) "Claimant" means a natural person, including the personalrepresentative of a deceased person, or any legal entity, includingcorporations, limited liability companies, partnerships or unincorporatedassociations, and includes a third party plaintiff and a counterclaimingdefendant;

 

(iii) "Defendant" means a party to the litigationagainst whom a claim for damages is asserted, and includes third partydefendants. Where there is a counterclaim, the claimant against whom thecounterclaim is asserted is also a defendant;

 

(iv) "Fault" includes acts or omissions, determined tobe a proximate cause of death or injury to person or property, that are in anymeasure negligent, or that subject an actor to strict tort or strict productsliability, and includes breach of warranty, assumption of risk and misuse oralteration of a product;

 

(v) "Injury to person or property," in addition tobodily injury, includes, without limitation, loss of enjoyment of life,emotional distress, pain and suffering, disfigurement, physical or mentaldisability, loss of earnings or income, damage to reputation, loss ofconsortium, loss of profits and all other such claims and causes of actionarising out of the fault of an actor;

 

(vi) "Wrongful death" means that cause of actionauthorized by Wyoming statute to recover money damages when the death of aperson is caused by the fault of an actor such as would have entitled the partyinjured to maintain an action to recover damages if death had not ensued.

 

(b) Contributory fault shall not bar a recovery in an action byany claimant or the claimant's legal representative to recover damages forwrongful death or injury to person or property, if the contributory fault ofthe claimant is not more than fifty percent (50%) of the total fault of allactors. Any damages allowed shall be diminished in proportion to the amount offault attributed to the claimant.

 

(c) Whether or not the claimant is free of fault, the courtshall:

 

(i) If a jury trial:

 

(A) Direct the jury to determine the total amount of damagessustained by the claimant without regard to the percentage of fault attributedto the claimant, and the percentage of fault attributable to each actor; and

 

(B) Inform the jury of the consequences of its determination ofthe percentage of fault.

 

(ii) If a trial before the court without jury, make specialfindings of fact, determining the total amount of damages sustained by theclaimant without regard to the percentage of fault attributed to the claimant,and the percentage of fault attributable to each actor.

 

(d) The court shall reduce the amount of damages determinedunder subsection (c) of this section in proportion to the percentage of faultattributed to the claimant and enter judgment against each defendant in theamount determined under subsection (e) of this section.

 

(e) Each defendant is liable only to the extent of thatdefendant's proportion of the total fault determined under paragraph (c)(i) or(ii) of this section.

 

1-1-110. Repealed by Laws 1986, ch. 24, 2.

 

1-1-111. Repealed by Laws 1986, ch. 24, 2.

 

1-1-112. Repealed by Laws 1986, ch. 24, 2.

 

1-1-113. Repealed by Laws 1986, ch. 24, 2.

 

1-1-114. Pleading of damages.

 

In all cases the court shall inform thejury of the consequences of its verdict.

 

1-1-115. Civil liability for unpaid checks.

 

(a) Any person who issues a check which is not paid because thecheck has been dishonored for any reason has thirty (30) days following thedate of a written demand mailed to the drawer of the check by United Statespostal service certificate of mailing at the address shown on the check or hislast known address or personally served pursuant to the Wyoming Rules of CivilProcedure, to pay to the holder of the check the amount of the check and acollection fee not to exceed thirty dollars ($30.00). The demand shall statethat the drawer is required to pay the value of the check and the collectionfee demanded and shall state the collection fee provided for in this section.

 

(b) Any person who fails to pay the amount of the check and thecollection fee as set forth in subsection (a) of this section within thirty(30) days following the date of a written demand, mailed to or served on thedrawer in accordance with subsection (a) of this section, is liable to theholder of the check for three (3) times the amount of the check, but in no caseless than one hundred dollars ($100.00), a collection fee of thirty dollars($30.00), and court costs.

 

(c) In extraordinary cases, including cases in which the courtdetermines that the party who wrote the check has raised dilatory or bad faithdefenses, the court may award the prevailing party reasonable attorney fees.

 

(d) Nothing in this section shall prevent the criminalprosecution of the person who issues the check. However, any payment made bythe defendant to a victim pursuant to an order for restitution entered in acriminal case pursuant to W.S. 7-9-101 through 7-9-112 or 6-3-704(b), shall beset off against any judgment in favor of the victim in a civil action broughtunder this section arising out of the same facts or event.

 

(e) A cause of action under this section may be brought insmall claims court, if the amount of the demand does not exceed thejurisdiction of that court, or in any other appropriate court.

 

(f) As used in this section, "check," "drawee,""drawer" and "issue" have the same meaning as defined inW.S. 6-3-701.

 

1-1-116. Civil liability for theft of services.

 

(a) Notwithstanding any criminal penalties which may apply, anowner or operator of a franchised or otherwise duly licensed provider ofservices may bring a civil action to enjoin or restrain any violation of W.S.6-3-408 and may in the same action seek damages from the person violating W.S.6-3-408.

 

(b) In order to maintain an action for injunctive relief underthis section, it is not necessary for the plaintiff to show actual damages orthe threat of actual damages.

 

(c) As used in this section "services" has the samemeaning as specified in W.S. 6-3-408.

 

1-1-117. Affidavits of noninvolvement.

 

(a) In any action, whether in tort, contract or otherwise, inwhich the plaintiff seeks damages, a party may, in lieu of answering orotherwise pleading, file an affidavit certifying that he was not directly orindirectly involved in the occurrence or occurrences alleged in the action. Ifan affidavit is filed, the court shall order the dismissal of the claim againstthe certifying party, except as provided for in subsection (b) of this section.The affidavit shall be filed within the time required for filing an answer, ifno answer is filed; and, in any event, at least twenty (20) days prior totrial. Any order of dismissal based on the affidavit shall not be enteredwithin ten (10) days after the affidavit is filed.

 

(b) Any party may oppose the dismissal or move to vacate theorder of dismissal and reinstate the certifying party, provided he can showthat the certifying party was directly or indirectly involved in the occurrenceor occurrences alleged in the action. After the filing of an affidavit underthis section, the party opposing the dismissal may have discovery with respectto the involvement or noninvolvement of the party filing the affidavit,provided the discovery is completed within sixty (60) days of the filing of theaffidavit.

 

1-1-118. Amateur rodeos; liability for injuries; consent toparticipate.

 

(a) No public school or nonprofit organization sponsoring anamateur rodeo is liable for injuries suffered by a contestant as a result ofhis voluntary participation in a rodeo event except for injuries caused by thewillful, wanton or reckless act of the sponsoring organization or itsemployees.

 

(b) A minor shall be deemed to be a voluntary participant forpurposes of this section if he has signed a written consent to participate inthe rodeo event and the consent is also signed by one (1) of the minor'sparents or by his legal guardian.

 

1-1-119. Release or covenant not to sue.

 

Whena release or a covenant not to sue or not to enforce judgment is given in goodfaith to one (1) of two (2) or more persons liable in tort for the same injuryor the same wrongful death, it does not discharge any of the other tortfeasorsfrom liability for the injury or wrongful death unless its terms so provide.

 

1-1-120. Persons rendering emergency assistance exempt from civilliability.

 

(a) Any person licensed as a physician and surgeon under thelaws of the state of Wyoming, or any other person, who in good faith rendersemergency care or assistance without compensation at the place of an emergencyor accident, is not liable for any civil damages for acts or omissions in goodfaith.

 

(b) Persons or organizations operating volunteer ambulances orrescue vehicles supported by public or private funds, staffed by unpaidvolunteers, and which make no charge, or charge an incidental service or userfee, for services rendered during medical emergencies, and the unpaidvolunteers who staff ambulances and rescue vehicles are not liable for anycivil damages for acts or omissions in good faith in furnishing emergencymedical services. This immunity does not apply to acts or omissionsconstituting gross negligence or willful or wanton misconduct. For purposes ofthis section, "unpaid volunteers" means persons who either receiveincidental remuneration on a per call basis or receive no more than onethousand dollars ($1,000.00) annually for volunteer ambulance and rescueactivities. The immunity provided by this subsection shall extend to aphysician while serving in his capacity as medical director of any ambulanceservice, to hospitals and hospital employees for activities directly related toproviding clinical training as part of an emergency medical service classapproved by the department of health, and to students while participating inemergency medical services training approved by the department of health. Ifan unpaid volunteer's, medical director's, hospital's or trainee's acts oromissions are subject to the provisions of the Wyoming Governmental Claims Act,immunity under this section is waived to the extent of the maximum liabilityprovided under W.S. 1-39-118.

 

(c) Any person who provides assistance or advice withoutcompensation other than reimbursement of out-of-pocket expenses in mitigatingor attempting to mitigate the effects of an actual or threatened discharge ofhazardous materials, or in preventing, cleaning up or disposing of or inattempting to prevent, clean up or dispose of any discharge of hazardousmaterials, is not liable for any civil damages for acts or omissions in goodfaith in providing the assistance or advice. This immunity does not apply toacts or omissions constituting gross negligence or willful or wantonmisconduct. As used in this subsection:

 

(i) "Discharge" includes leakage, seepage or otherrelease;

 

(ii) "Hazardous materials" includes all materials andsubstances which are now or hereafter designated or defined as hazardous by anystate or federal law or by the regulations of any state or federal governmentagency.

 

1-1-121. Recreation Safety Act; short title.

 

Thisact shall be known and may be cited as the "Recreation Safety Act".

 

1-1-122. Definitions.

 

(a) As used in this act:

 

(i) "Inherent risk" with regard to any sport orrecreational opportunity means those dangers or conditions which arecharacteristic of, intrinsic to, or an integral part of any sport orrecreational opportunity;

 

(ii) "Provider" means any person or governmentalentity which for profit or otherwise, offers or conducts a sport orrecreational opportunity. This act does not apply to a cause of action basedupon the design or manufacture of sport or recreational equipment or productsor safety equipment used incidental to or required by the sport or recreationalopportunity;

 

(iii) "Sport or recreational opportunity" meanscommonly understood sporting activities including baseball, softball, football,soccer, basketball, swimming, hockey, dude ranching, nordic or alpine skiing,mountain climbing, river floating, hunting, fishing, backcountry trips,horseback riding and any other equine activity, snowmobiling and similarrecreational opportunities and includes the use of private lands for vehicleparking and land access related to the sport or recreational opportunity;

 

(iv) "Equine activity" means:

 

(A) Equine shows, fairs, competitions, performances or parades thatinvolve any or all breeds of equines;

 

(B) Any of the equine disciplines;

 

(C) Equine training or teaching activities, or both;

 

(D) Boarding equines;

 

(E) Riding, inspecting or evaluating an equine belonging toanother, whether or not the owner has received some monetary consideration orother thing of value for the use of the equine or is permitting a prospectivepurchaser of the equine to ride, inspect or evaluate the equine;

 

(F) Rides, trips, hunts or other equine activities of any type howeverinformal or impromptu;

 

(G) Day use rental riding, riding associated with a dude ranchor riding associated with outfitted pack trips; and

 

(H) Placing or replacing horseshoes on an equine.

 

(v) Repealed By Laws 1996, ch. 78, 2.

 

(vi) "This act" means W.S. 1-1-121 through 1-1-123.

 

1-1-123. Assumption of risk.

 

(a) Any person who takes part in any sport or recreationalopportunity assumes the inherent risks in that sport or recreationalopportunity, whether those risks are known or unknown, and is legallyresponsible for any and all damage, injury or death to himself or other personsor property that results from the inherent risks in that sport or recreationalopportunity.

 

(b) A provider of any sport or recreational opportunity is notrequired to eliminate, alter or control the inherent risks within theparticular sport or recreational opportunity.

 

(c) Actions based upon negligence of the provider wherein thedamage, injury or death is not the result of an inherent risk of the sport orrecreational opportunity shall be preserved pursuant to W.S. 1-1-109.

 

1-1-124. Pretrial screening.

 

(a) The supreme court may promulgate rules to provide ascreening procedure to expedite the prelitigation resolution of claims arisingfrom any alleged act, error or omission in the rendering of licensed orcertified professional or health care services.

 

(b) The screening procedure authorized by this section shall bedesigned to reduce the burden of malpractice cases on the state judicial systemand to encourage the prompt resolution of nonmeritorious claims. The expeditedprocedure may include the creation of professional review panels to reviewclaims and to determine:

 

(i) Whether there is substantial evidence that the actscomplained of occurred, constituted malpractice and resulted in injury to theclaimant; and

 

(ii) A recommended award if requested by the parties.

 

(c) The supreme court shall annually report to the jointjudiciary interim committee the costs of operating the expedited screeningprocedure and shall submit a recommendation for the proration and assessmentof costs among the professions subject to the pretrial screening procedure.

 

1-1-125. Immunity for volunteers; volunteer firefighters.

 

(a) As used in this section:

 

(i) "Compensation" does not include actual andnecessary expenses that are incurred by a volunteer in connection with theservices that the volunteer performs for a nonprofit organization and that arereimbursed to the volunteer or otherwise paid nor does it include anyincidental personal privileges received by volunteers for their services;

 

(ii) "Nonprofit organization" means those nonprofitorganizations exempt from federal income tax pursuant to section 501(c) of theInternal Revenue Code;

 

(iii) "Volunteer" means an officer, director, trusteeor other person who performs services for a nonprofit organization but does notreceive compensation, either directly or indirectly, for those services, or avolunteer firefighter who performs services for a volunteer fire departmentunder W.S. 35-9-601(h) whether or not he receives compensation or a pension.

 

(b) Except as provided in subsection (c) of this section, avolunteer who provides services or performs duties on behalf of a nonprofitorganization or a volunteer fire department is personally immune from civilliability for any act or omission resulting in damage or injury if at the timeof the act or omission:

 

(i) The person was acting within the scope of his duties as avolunteer for the nonprofit organization or volunteer fire department; and

 

(ii) The act or omission did not constitute willful or wantonmisconduct or gross negligence.

 

(c) This section does not grant immunity to any person causingdamage as a result of the negligent operation of a motor vehicle.

 

(d) In any suit against a nonprofit organization or a volunteerfire department for civil damages based upon the negligent act or omission of avolunteer, proof of the act or omission shall be sufficient to establish theresponsibility of the organization or department under the doctrine ofrespondeat superior, notwithstanding the immunity granted to the volunteer withrespect to any act or omission included under subsection (b) of this section.

 

1-1-126. Civil liability for stalking.

 

(a) A person who is the victim of stalking as defined by W.S.6-2-506 may maintain a civil action against an individual who engages in acourse of conduct that is prohibited under W.S. 6-2-506 for damages incurred bythe victim as a result of that conduct. The aggrieved party may also seek andbe awarded exemplary damages, reasonable attorney's fees and costs of theaction.

 

(b) A civil action may be maintained under this section whetheror not the individual who is alleged to have engaged in a course of conductprohibited under W.S. 6-2-506 has been charged or convicted under W.S. 6-2-506for the alleged crime.

 

(c) Neither the pendency nor the termination of a civil actionunder this section shall prevent the criminal prosecution of a person who violatesW.S. 6-2-506.

 

1-1-127. Civil liability for shoplifting.

 

(a) A person over ten (10) years of age who violates W.S.6-3-404(a) or (b) is civilly liable to the merchant of the property in anamount consisting of:

 

(i) Return of the property in original condition or actualdamages equal to the full marked or listed price of the property; plus

 

(ii) A civil liability of twice the amount of the full marked orlisted price of the property but not less than fifty dollars ($50.00) nor morethan one thousand dollars ($1,000.00); plus

 

(iii) Reasonable attorney's fees and court costs.

 

(b) If an unemancipated minor violates W.S. 6-3-404(a) or (b),the parents or guardian of the child shall be civilly liable as provided bysubsection (a) of this section, provided liability under this subsection shallnot apply to foster parents, to parents whose parental custody and control ofthe child have been terminated by court order prior to the violation or to anygovernmental or private agency that has been appointed guardian for the minorchild pursuant to court order or action of the department of family services. Civil liability under this subsection is not subject to the limitation onliability provided by W.S. 14-2-203 or any other law that limits the liabilityof parents for damages caused by an unemancipated minor.

 

(c) A conviction or a plea of guilty to a violation of W.S.6-3-404(a) or (b) is not a prerequisite to the bringing of a civil suit underthis section.

 

(d) An action to recover damages and any civil liability underthis section may be brought in small claims court if the total amount of thedemand for damages and any civil liability does not exceed the jurisdiction ofthat court, or in any other appropriate court.

 

(e) In order to recover damages and any civil liability underthis act, the merchant of the property shall also notify law enforcementofficials.

 

1-1-128. Civil liability for theft of identity.

 

(a) A person who is the victim of theft of identity as definedby W.S. 6-3-901 may maintain a civil action to enjoin or restrain any violationof W.S. 6-3-901 and may in the same action seek damages from the personviolating W.S. 6-3-901. In order to maintain an action for injunctive reliefunder this section, it is not necessary for the plaintiff to show actualdamages or the threat of actual damages. A prevailing party in an action underthis section may recover court costs and reasonable attorney fees.

 

(b) A conviction or plea of guilty is not a prerequisite to thebringing of a civil action under this section.

 

(c) A cause of action for theft of identity is not deemed tohave accrued until the wrongdoer is discovered.

 

(d) Nothing in this section shall prevent the criminalprosecution of a person for theft of identity. However, any payment made bythe defendant to a victim pursuant to an order for restitution entered in acriminal case pursuant to W.S. 6-3-901 and 7-9-101 through 7-9-115, shall beset off against any judgment in favor of the victim in a civil action brought underthis section arising out of the same facts or event.

 

1-1-129. Immunity from liability for volunteer health careprofessionals; insurance required of nonprofit health care facility.

 

(a) As used in this section:

 

(i) "Health care professional" means any of thefollowing who provide medical or dental diagnosis, care or treatment:

 

(A) Physicians, osteopaths and physician assistants licensed topractice as provided in title 33, chapter 26 of the Wyoming statutes;

 

(B) All nurses licensed to practice as provided in title 33,chapter 21 of the Wyoming statutes;

 

(C) Pharmacists licensed to practice as provided in title 33,chapter 24 of the Wyoming statutes;

 

(D) Dentists and dental hygienists licensed to practice asprovided in title 33, chapter 15 of the Wyoming statutes; and

 

(E) Optometrists licensed to practice as provided in title 33,chapter 23 of the Wyoming statutes.

 

(ii) "Low income uninsured person" means a person whomeets all of the following requirements:

 

(A) The person's income is not greater than two hundred percent(200%) of the current poverty line as defined by federal law, as amended;

 

(B) The person currently is not receiving medical, disabilityor other assistance under any federal or state government health care program;and

 

(C) Either of the following applies:

 

(I) The person is not a policyholder, certificate holder,insured, contract holder, subscriber, enrollee, member, beneficiary or othercovered individual under a health insurance or health care policy, contract or plan;or

 

(II) The person is a policyholder, certificate holder, insured,contract holder, subscriber, enrollee, member, beneficiary or other coveredindividual under a health insurance or health care policy, contract or plan,but the insurer, policy, contract or plan denies coverage or is the subject ofinsolvency or bankruptcy proceedings in any jurisdiction.

 

(iii) "Nonprofit health care facility" means acharitable nonprofit corporation or association organized and operated undertitle 17, chapters 19 or 22 of the Wyoming statutes, or any charitableorganization not organized and not operated for profit, that exclusivelyprovides health care services to low income uninsured persons, except that"health care facility" does not include a hospital, including a swingbed hospital, facility or center defined under W.S. 35-2-901 or any othermedical facility that is operated for profit;

 

(iv) "Operation" means an invasive procedure thatinvolves cutting or otherwise infiltrating human tissue by mechanical means,including surgery, laser surgery, ionizing radiation, therapeutic ultrasound orthe removal of intraocular foreign bodies. "Operation" does notinclude the administration of medication by injection, unless the injection isadministered in conjunction with a procedure infiltrating human tissue bymechanical means other than the administration of medicine by injection;

 

(v) "Tort action" means a civil action for damagesfor injury, death or loss to person or property other than a civil action fordamages for a breach of contract or another agreement between persons orgovernment entities;

 

(vi) "Volunteer" means an individual who provides anymedical, dental or other health care related diagnosis, care or treatmentwithout the expectation of receiving, and without receipt of, any compensationor other form of remuneration from a low income uninsured person, anotherperson on behalf of a low income uninsured person, any health care facility orany other person or government entity.

 

(b) Subject to subsection (d) of this section, a health careprofessional who is a volunteer and complies with subsection (c) of thissection is not liable in damages to any person or government entity in a tortor other civil action, including an action on a medical, dental or otherhealth-related claim for injury, death or loss to person or property thatallegedly arises from an action or omission of the volunteer in the provisionat a nonprofit health care facility to a low income uninsured person ofmedical, dental or other health-related diagnosis, care or treatment, includingthe provision of samples of medicine and other medical or dental products,unless the action or omission constitutes willful or wanton misconduct.

 

(c) To qualify for immunity under subsection (b) of thissection, a volunteer health care professional shall do all of the followingprior to the initial diagnosis, care or treatment:

 

(i) Inform the person of the provisions of this section eitherpersonally or by means of a writing so stating provided by the nonprofit healthcare facility and signed by the person, or by another individual on behalf of,and in the presence of, the person; and

 

(ii) Obtain the informed consent of the person and a writtenwaiver, signed by the person, or by another individual on behalf of, and in thepresence of, the person.

 

(d) Except as provided in this subsection, the immunitiesprovided by subsection (b) of this section are not available to a volunteerhealth care professional, if at the time of an alleged injury, death or loss toperson or property, the volunteer health care professional involved wasperforming an operation or delivering a baby. This subsection does not apply toa volunteer health care professional who provides diagnosis, care or treatmentor performs an operation or delivers a baby when necessary to preserve the lifeof a person in a medical emergency.

 

(e) In order for the immunity under subsection (b) of thissection to apply and before the rendering of any services by the volunteerhealth care professional at the nonprofit health care facility, there must be awritten agreement between the volunteer health care professional and thefacility pursuant to which the volunteer health care professional will providemedical, dental or health care related diagnosis, care or treatment under thecontrol of the facility to patients of the facility.

 

(f) A nonprofit health care facility entering into a writtenagreement under subsection (e) of this section shall maintain liabilitycoverage of not less than one million dollars ($1,000,000.00) per occurrence,except that no such coverage shall be required to be maintained by the facilityif such coverage is maintained by all volunteer health care professionalsrendering services at the facility. A nonprofit health care facility shall beliable for the negligent acts of a volunteer health care professional providingdiagnosis, care or treatment at the facility only in the circumstances and tothe extent the facility is required to maintain liability coverage under thissubsection.

 

1-1-130. Actions against health care providers; admissibility ofevidence.

 

(a) In any civil action or arbitration brought by an allegedvictim of an unanticipated outcome of medical care against a health careprovider, any and all statements, affirmations, gestures or conduct expressingapology, sympathy, commiseration, condolence, compassion or a general sense ofbenevolence that are made by a health care provider or an employee of a healthcare provider to the alleged victim, or to a relative or representative of thealleged victim, and that relate to the discomfort, pain, suffering, injury ordeath of the alleged victim as the result of the unanticipated outcome ofmedical care, are inadmissible as evidence of an admission of liability or asevidence of an admission against interest.

 

(b) For purposes of this section:

 

(i) "Health care provider" means a person who islicensed, certified or otherwise authorized or permitted by the laws of thisstate to administer health care in the ordinary course of business or practiceof a profession;

 

(ii) "Relative" means a spouse, parent, grandparent,stepfather, stepmother, child, grandchild, brother, sister, half brother, halfsister or parent of a spouse, and includes those relationships established byadoption;

 

(iii) "Representative" means a legal guardian,attorney, person designated to make decisions on behalf of a patient under amedical power of attorney or any person recognized in law or custom as apatient's agent;

 

(iv) "Unanticipated outcome" means the result of amedical treatment or procedure that differs from an expected result.

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter1

CHAPTER 1 - GENERAL PROVISIONS AS TO CIVIL ACTIONS

 

1-1-101. Provisions to be liberally construed.

 

TheCode of Civil Procedure and all proceedings under it shall be liberallyconstrued to promote its object and assist the parties in obtaining justice.The rule of common law that statutes in derogation thereof must be strictlyconstrued has no application to the Code of Civil Procedure, but this shall notbe so construed as to require a liberal construction of provisions affectingpersonal liberty, relating to amercement or of a penal nature.

 

1-1-102. Minors as parties to actions.

 

Everyperson over fourteen (14) years of age and under the age of majority, whensubject to no disability other than being a minor, may sue or be sued. Whenplaintiff he shall sue by a next friend selected by him before suit iscommenced. The next friend is liable for the cost chargeable to the plaintiff.When the minor is sued he shall appear by guardian nominated by him andappointed by the court before further proceedings are had in the case, butjudgment shall be against the minor defendant only. In either case, ifplaintiff or defendant neglects or refuses to nominate a next friend orguardian, the court shall appoint a next friend or guardian, who shall file hisconsent in writing, with the court.

 

1-1-103. Power of deputies.

 

Aduty enjoined by statute upon a ministerial officer or an act permitted to bedone by him may be performed by his lawful deputy.

 

1-1-104. Sureties; justification.

 

Acourt or an officer authorized by law to approve a surety may require suchperson to testify orally or in writing touching his sufficiency, but this initself shall not exonerate the officer in an action for taking insufficientsurety.

 

1-1-105. Sureties; qualifications.

 

Suretiesshall be residents of this state, worth in the aggregate double the sum to besecured, beyond the amount of their debts, and have property liable toexecution in this state equal to the sum to be secured. Every person acting assurety for another shall file with the court his affidavit showing that hemeets the requirements set forth herein.

 

1-1-106. Compensation of cross demands.

 

Whencross demands exist between persons under circumstances that if one brought anaction against the other, a counterclaim or setoff could be set up, neither canbe deprived of the benefit thereof by assignment by the other, or by his death,but the two (2) demands will be deemed compensated so far as they equal eachother.

 

1-1-107. Furnishing of transcripts.

 

Upon request and receipt of the lawful feesrequired, judges of judicial tribunals and the clerks of every court of record,shall furnish to any person an authenticated transcript of proceedingscontaining the judgment or final order in their court.

 

1-1-108. Voluntary partial payment of liability claims.

 

Novoluntary partial payment of a claim based on alleged liability for injury orproperty damage shall be construed as an admission of fault or liability, or asa waiver or release of claim by the person receiving payment. Such payment isnot admissible as evidence in any action for the purpose of determining theamount of any judgment, with respect to the parties to the occurrence fromwhich the claim arose. Upon settlement of the claim, the parties may make anyagreement they desire in respect to all voluntary partial payments. After entryof judgment, any such payment shall be treated as a credit and deducted fromthe amount of the judgment. If after partial voluntary payments are made it isdetermined by final judgment of a court of competent jurisdiction that thepayor is liable for an amount less than the voluntary payments already made,the payor has no right of action for the recovery of amounts by which thevoluntary payments exceed the final judgment. No voluntary partial paymentsshall be construed to reduce the amount of damages which may be pleaded andproved in a court proceeding between the parties.

 

1-1-109. Comparative fault.

 

(a) As used in this section:

 

(i) "Actor" means a person or other entity, includingthe claimant, whose fault is determined to be a proximate cause of the death,injury or damage, whether or not the actor is a party to the litigation;

 

(ii) "Claimant" means a natural person, including the personalrepresentative of a deceased person, or any legal entity, includingcorporations, limited liability companies, partnerships or unincorporatedassociations, and includes a third party plaintiff and a counterclaimingdefendant;

 

(iii) "Defendant" means a party to the litigationagainst whom a claim for damages is asserted, and includes third partydefendants. Where there is a counterclaim, the claimant against whom thecounterclaim is asserted is also a defendant;

 

(iv) "Fault" includes acts or omissions, determined tobe a proximate cause of death or injury to person or property, that are in anymeasure negligent, or that subject an actor to strict tort or strict productsliability, and includes breach of warranty, assumption of risk and misuse oralteration of a product;

 

(v) "Injury to person or property," in addition tobodily injury, includes, without limitation, loss of enjoyment of life,emotional distress, pain and suffering, disfigurement, physical or mentaldisability, loss of earnings or income, damage to reputation, loss ofconsortium, loss of profits and all other such claims and causes of actionarising out of the fault of an actor;

 

(vi) "Wrongful death" means that cause of actionauthorized by Wyoming statute to recover money damages when the death of aperson is caused by the fault of an actor such as would have entitled the partyinjured to maintain an action to recover damages if death had not ensued.

 

(b) Contributory fault shall not bar a recovery in an action byany claimant or the claimant's legal representative to recover damages forwrongful death or injury to person or property, if the contributory fault ofthe claimant is not more than fifty percent (50%) of the total fault of allactors. Any damages allowed shall be diminished in proportion to the amount offault attributed to the claimant.

 

(c) Whether or not the claimant is free of fault, the courtshall:

 

(i) If a jury trial:

 

(A) Direct the jury to determine the total amount of damagessustained by the claimant without regard to the percentage of fault attributedto the claimant, and the percentage of fault attributable to each actor; and

 

(B) Inform the jury of the consequences of its determination ofthe percentage of fault.

 

(ii) If a trial before the court without jury, make specialfindings of fact, determining the total amount of damages sustained by theclaimant without regard to the percentage of fault attributed to the claimant,and the percentage of fault attributable to each actor.

 

(d) The court shall reduce the amount of damages determinedunder subsection (c) of this section in proportion to the percentage of faultattributed to the claimant and enter judgment against each defendant in theamount determined under subsection (e) of this section.

 

(e) Each defendant is liable only to the extent of thatdefendant's proportion of the total fault determined under paragraph (c)(i) or(ii) of this section.

 

1-1-110. Repealed by Laws 1986, ch. 24, 2.

 

1-1-111. Repealed by Laws 1986, ch. 24, 2.

 

1-1-112. Repealed by Laws 1986, ch. 24, 2.

 

1-1-113. Repealed by Laws 1986, ch. 24, 2.

 

1-1-114. Pleading of damages.

 

In all cases the court shall inform thejury of the consequences of its verdict.

 

1-1-115. Civil liability for unpaid checks.

 

(a) Any person who issues a check which is not paid because thecheck has been dishonored for any reason has thirty (30) days following thedate of a written demand mailed to the drawer of the check by United Statespostal service certificate of mailing at the address shown on the check or hislast known address or personally served pursuant to the Wyoming Rules of CivilProcedure, to pay to the holder of the check the amount of the check and acollection fee not to exceed thirty dollars ($30.00). The demand shall statethat the drawer is required to pay the value of the check and the collectionfee demanded and shall state the collection fee provided for in this section.

 

(b) Any person who fails to pay the amount of the check and thecollection fee as set forth in subsection (a) of this section within thirty(30) days following the date of a written demand, mailed to or served on thedrawer in accordance with subsection (a) of this section, is liable to theholder of the check for three (3) times the amount of the check, but in no caseless than one hundred dollars ($100.00), a collection fee of thirty dollars($30.00), and court costs.

 

(c) In extraordinary cases, including cases in which the courtdetermines that the party who wrote the check has raised dilatory or bad faithdefenses, the court may award the prevailing party reasonable attorney fees.

 

(d) Nothing in this section shall prevent the criminalprosecution of the person who issues the check. However, any payment made bythe defendant to a victim pursuant to an order for restitution entered in acriminal case pursuant to W.S. 7-9-101 through 7-9-112 or 6-3-704(b), shall beset off against any judgment in favor of the victim in a civil action broughtunder this section arising out of the same facts or event.

 

(e) A cause of action under this section may be brought insmall claims court, if the amount of the demand does not exceed thejurisdiction of that court, or in any other appropriate court.

 

(f) As used in this section, "check," "drawee,""drawer" and "issue" have the same meaning as defined inW.S. 6-3-701.

 

1-1-116. Civil liability for theft of services.

 

(a) Notwithstanding any criminal penalties which may apply, anowner or operator of a franchised or otherwise duly licensed provider ofservices may bring a civil action to enjoin or restrain any violation of W.S.6-3-408 and may in the same action seek damages from the person violating W.S.6-3-408.

 

(b) In order to maintain an action for injunctive relief underthis section, it is not necessary for the plaintiff to show actual damages orthe threat of actual damages.

 

(c) As used in this section "services" has the samemeaning as specified in W.S. 6-3-408.

 

1-1-117. Affidavits of noninvolvement.

 

(a) In any action, whether in tort, contract or otherwise, inwhich the plaintiff seeks damages, a party may, in lieu of answering orotherwise pleading, file an affidavit certifying that he was not directly orindirectly involved in the occurrence or occurrences alleged in the action. Ifan affidavit is filed, the court shall order the dismissal of the claim againstthe certifying party, except as provided for in subsection (b) of this section.The affidavit shall be filed within the time required for filing an answer, ifno answer is filed; and, in any event, at least twenty (20) days prior totrial. Any order of dismissal based on the affidavit shall not be enteredwithin ten (10) days after the affidavit is filed.

 

(b) Any party may oppose the dismissal or move to vacate theorder of dismissal and reinstate the certifying party, provided he can showthat the certifying party was directly or indirectly involved in the occurrenceor occurrences alleged in the action. After the filing of an affidavit underthis section, the party opposing the dismissal may have discovery with respectto the involvement or noninvolvement of the party filing the affidavit,provided the discovery is completed within sixty (60) days of the filing of theaffidavit.

 

1-1-118. Amateur rodeos; liability for injuries; consent toparticipate.

 

(a) No public school or nonprofit organization sponsoring anamateur rodeo is liable for injuries suffered by a contestant as a result ofhis voluntary participation in a rodeo event except for injuries caused by thewillful, wanton or reckless act of the sponsoring organization or itsemployees.

 

(b) A minor shall be deemed to be a voluntary participant forpurposes of this section if he has signed a written consent to participate inthe rodeo event and the consent is also signed by one (1) of the minor'sparents or by his legal guardian.

 

1-1-119. Release or covenant not to sue.

 

Whena release or a covenant not to sue or not to enforce judgment is given in goodfaith to one (1) of two (2) or more persons liable in tort for the same injuryor the same wrongful death, it does not discharge any of the other tortfeasorsfrom liability for the injury or wrongful death unless its terms so provide.

 

1-1-120. Persons rendering emergency assistance exempt from civilliability.

 

(a) Any person licensed as a physician and surgeon under thelaws of the state of Wyoming, or any other person, who in good faith rendersemergency care or assistance without compensation at the place of an emergencyor accident, is not liable for any civil damages for acts or omissions in goodfaith.

 

(b) Persons or organizations operating volunteer ambulances orrescue vehicles supported by public or private funds, staffed by unpaidvolunteers, and which make no charge, or charge an incidental service or userfee, for services rendered during medical emergencies, and the unpaidvolunteers who staff ambulances and rescue vehicles are not liable for anycivil damages for acts or omissions in good faith in furnishing emergencymedical services. This immunity does not apply to acts or omissionsconstituting gross negligence or willful or wanton misconduct. For purposes ofthis section, "unpaid volunteers" means persons who either receiveincidental remuneration on a per call basis or receive no more than onethousand dollars ($1,000.00) annually for volunteer ambulance and rescueactivities. The immunity provided by this subsection shall extend to aphysician while serving in his capacity as medical director of any ambulanceservice, to hospitals and hospital employees for activities directly related toproviding clinical training as part of an emergency medical service classapproved by the department of health, and to students while participating inemergency medical services training approved by the department of health. Ifan unpaid volunteer's, medical director's, hospital's or trainee's acts oromissions are subject to the provisions of the Wyoming Governmental Claims Act,immunity under this section is waived to the extent of the maximum liabilityprovided under W.S. 1-39-118.

 

(c) Any person who provides assistance or advice withoutcompensation other than reimbursement of out-of-pocket expenses in mitigatingor attempting to mitigate the effects of an actual or threatened discharge ofhazardous materials, or in preventing, cleaning up or disposing of or inattempting to prevent, clean up or dispose of any discharge of hazardousmaterials, is not liable for any civil damages for acts or omissions in goodfaith in providing the assistance or advice. This immunity does not apply toacts or omissions constituting gross negligence or willful or wantonmisconduct. As used in this subsection:

 

(i) "Discharge" includes leakage, seepage or otherrelease;

 

(ii) "Hazardous materials" includes all materials andsubstances which are now or hereafter designated or defined as hazardous by anystate or federal law or by the regulations of any state or federal governmentagency.

 

1-1-121. Recreation Safety Act; short title.

 

Thisact shall be known and may be cited as the "Recreation Safety Act".

 

1-1-122. Definitions.

 

(a) As used in this act:

 

(i) "Inherent risk" with regard to any sport orrecreational opportunity means those dangers or conditions which arecharacteristic of, intrinsic to, or an integral part of any sport orrecreational opportunity;

 

(ii) "Provider" means any person or governmentalentity which for profit or otherwise, offers or conducts a sport orrecreational opportunity. This act does not apply to a cause of action basedupon the design or manufacture of sport or recreational equipment or productsor safety equipment used incidental to or required by the sport or recreationalopportunity;

 

(iii) "Sport or recreational opportunity" meanscommonly understood sporting activities including baseball, softball, football,soccer, basketball, swimming, hockey, dude ranching, nordic or alpine skiing,mountain climbing, river floating, hunting, fishing, backcountry trips,horseback riding and any other equine activity, snowmobiling and similarrecreational opportunities and includes the use of private lands for vehicleparking and land access related to the sport or recreational opportunity;

 

(iv) "Equine activity" means:

 

(A) Equine shows, fairs, competitions, performances or parades thatinvolve any or all breeds of equines;

 

(B) Any of the equine disciplines;

 

(C) Equine training or teaching activities, or both;

 

(D) Boarding equines;

 

(E) Riding, inspecting or evaluating an equine belonging toanother, whether or not the owner has received some monetary consideration orother thing of value for the use of the equine or is permitting a prospectivepurchaser of the equine to ride, inspect or evaluate the equine;

 

(F) Rides, trips, hunts or other equine activities of any type howeverinformal or impromptu;

 

(G) Day use rental riding, riding associated with a dude ranchor riding associated with outfitted pack trips; and

 

(H) Placing or replacing horseshoes on an equine.

 

(v) Repealed By Laws 1996, ch. 78, 2.

 

(vi) "This act" means W.S. 1-1-121 through 1-1-123.

 

1-1-123. Assumption of risk.

 

(a) Any person who takes part in any sport or recreationalopportunity assumes the inherent risks in that sport or recreationalopportunity, whether those risks are known or unknown, and is legallyresponsible for any and all damage, injury or death to himself or other personsor property that results from the inherent risks in that sport or recreationalopportunity.

 

(b) A provider of any sport or recreational opportunity is notrequired to eliminate, alter or control the inherent risks within theparticular sport or recreational opportunity.

 

(c) Actions based upon negligence of the provider wherein thedamage, injury or death is not the result of an inherent risk of the sport orrecreational opportunity shall be preserved pursuant to W.S. 1-1-109.

 

1-1-124. Pretrial screening.

 

(a) The supreme court may promulgate rules to provide ascreening procedure to expedite the prelitigation resolution of claims arisingfrom any alleged act, error or omission in the rendering of licensed orcertified professional or health care services.

 

(b) The screening procedure authorized by this section shall bedesigned to reduce the burden of malpractice cases on the state judicial systemand to encourage the prompt resolution of nonmeritorious claims. The expeditedprocedure may include the creation of professional review panels to reviewclaims and to determine:

 

(i) Whether there is substantial evidence that the actscomplained of occurred, constituted malpractice and resulted in injury to theclaimant; and

 

(ii) A recommended award if requested by the parties.

 

(c) The supreme court shall annually report to the jointjudiciary interim committee the costs of operating the expedited screeningprocedure and shall submit a recommendation for the proration and assessmentof costs among the professions subject to the pretrial screening procedure.

 

1-1-125. Immunity for volunteers; volunteer firefighters.

 

(a) As used in this section:

 

(i) "Compensation" does not include actual andnecessary expenses that are incurred by a volunteer in connection with theservices that the volunteer performs for a nonprofit organization and that arereimbursed to the volunteer or otherwise paid nor does it include anyincidental personal privileges received by volunteers for their services;

 

(ii) "Nonprofit organization" means those nonprofitorganizations exempt from federal income tax pursuant to section 501(c) of theInternal Revenue Code;

 

(iii) "Volunteer" means an officer, director, trusteeor other person who performs services for a nonprofit organization but does notreceive compensation, either directly or indirectly, for those services, or avolunteer firefighter who performs services for a volunteer fire departmentunder W.S. 35-9-601(h) whether or not he receives compensation or a pension.

 

(b) Except as provided in subsection (c) of this section, avolunteer who provides services or performs duties on behalf of a nonprofitorganization or a volunteer fire department is personally immune from civilliability for any act or omission resulting in damage or injury if at the timeof the act or omission:

 

(i) The person was acting within the scope of his duties as avolunteer for the nonprofit organization or volunteer fire department; and

 

(ii) The act or omission did not constitute willful or wantonmisconduct or gross negligence.

 

(c) This section does not grant immunity to any person causingdamage as a result of the negligent operation of a motor vehicle.

 

(d) In any suit against a nonprofit organization or a volunteerfire department for civil damages based upon the negligent act or omission of avolunteer, proof of the act or omission shall be sufficient to establish theresponsibility of the organization or department under the doctrine ofrespondeat superior, notwithstanding the immunity granted to the volunteer withrespect to any act or omission included under subsection (b) of this section.

 

1-1-126. Civil liability for stalking.

 

(a) A person who is the victim of stalking as defined by W.S.6-2-506 may maintain a civil action against an individual who engages in acourse of conduct that is prohibited under W.S. 6-2-506 for damages incurred bythe victim as a result of that conduct. The aggrieved party may also seek andbe awarded exemplary damages, reasonable attorney's fees and costs of theaction.

 

(b) A civil action may be maintained under this section whetheror not the individual who is alleged to have engaged in a course of conductprohibited under W.S. 6-2-506 has been charged or convicted under W.S. 6-2-506for the alleged crime.

 

(c) Neither the pendency nor the termination of a civil actionunder this section shall prevent the criminal prosecution of a person who violatesW.S. 6-2-506.

 

1-1-127. Civil liability for shoplifting.

 

(a) A person over ten (10) years of age who violates W.S.6-3-404(a) or (b) is civilly liable to the merchant of the property in anamount consisting of:

 

(i) Return of the property in original condition or actualdamages equal to the full marked or listed price of the property; plus

 

(ii) A civil liability of twice the amount of the full marked orlisted price of the property but not less than fifty dollars ($50.00) nor morethan one thousand dollars ($1,000.00); plus

 

(iii) Reasonable attorney's fees and court costs.

 

(b) If an unemancipated minor violates W.S. 6-3-404(a) or (b),the parents or guardian of the child shall be civilly liable as provided bysubsection (a) of this section, provided liability under this subsection shallnot apply to foster parents, to parents whose parental custody and control ofthe child have been terminated by court order prior to the violation or to anygovernmental or private agency that has been appointed guardian for the minorchild pursuant to court order or action of the department of family services. Civil liability under this subsection is not subject to the limitation onliability provided by W.S. 14-2-203 or any other law that limits the liabilityof parents for damages caused by an unemancipated minor.

 

(c) A conviction or a plea of guilty to a violation of W.S.6-3-404(a) or (b) is not a prerequisite to the bringing of a civil suit underthis section.

 

(d) An action to recover damages and any civil liability underthis section may be brought in small claims court if the total amount of thedemand for damages and any civil liability does not exceed the jurisdiction ofthat court, or in any other appropriate court.

 

(e) In order to recover damages and any civil liability underthis act, the merchant of the property shall also notify law enforcementofficials.

 

1-1-128. Civil liability for theft of identity.

 

(a) A person who is the victim of theft of identity as definedby W.S. 6-3-901 may maintain a civil action to enjoin or restrain any violationof W.S. 6-3-901 and may in the same action seek damages from the personviolating W.S. 6-3-901. In order to maintain an action for injunctive reliefunder this section, it is not necessary for the plaintiff to show actualdamages or the threat of actual damages. A prevailing party in an action underthis section may recover court costs and reasonable attorney fees.

 

(b) A conviction or plea of guilty is not a prerequisite to thebringing of a civil action under this section.

 

(c) A cause of action for theft of identity is not deemed tohave accrued until the wrongdoer is discovered.

 

(d) Nothing in this section shall prevent the criminalprosecution of a person for theft of identity. However, any payment made bythe defendant to a victim pursuant to an order for restitution entered in acriminal case pursuant to W.S. 6-3-901 and 7-9-101 through 7-9-115, shall beset off against any judgment in favor of the victim in a civil action brought underthis section arising out of the same facts or event.

 

1-1-129. Immunity from liability for volunteer health careprofessionals; insurance required of nonprofit health care facility.

 

(a) As used in this section:

 

(i) "Health care professional" means any of thefollowing who provide medical or dental diagnosis, care or treatment:

 

(A) Physicians, osteopaths and physician assistants licensed topractice as provided in title 33, chapter 26 of the Wyoming statutes;

 

(B) All nurses licensed to practice as provided in title 33,chapter 21 of the Wyoming statutes;

 

(C) Pharmacists licensed to practice as provided in title 33,chapter 24 of the Wyoming statutes;

 

(D) Dentists and dental hygienists licensed to practice asprovided in title 33, chapter 15 of the Wyoming statutes; and

 

(E) Optometrists licensed to practice as provided in title 33,chapter 23 of the Wyoming statutes.

 

(ii) "Low income uninsured person" means a person whomeets all of the following requirements:

 

(A) The person's income is not greater than two hundred percent(200%) of the current poverty line as defined by federal law, as amended;

 

(B) The person currently is not receiving medical, disabilityor other assistance under any federal or state government health care program;and

 

(C) Either of the following applies:

 

(I) The person is not a policyholder, certificate holder,insured, contract holder, subscriber, enrollee, member, beneficiary or othercovered individual under a health insurance or health care policy, contract or plan;or

 

(II) The person is a policyholder, certificate holder, insured,contract holder, subscriber, enrollee, member, beneficiary or other coveredindividual under a health insurance or health care policy, contract or plan,but the insurer, policy, contract or plan denies coverage or is the subject ofinsolvency or bankruptcy proceedings in any jurisdiction.

 

(iii) "Nonprofit health care facility" means acharitable nonprofit corporation or association organized and operated undertitle 17, chapters 19 or 22 of the Wyoming statutes, or any charitableorganization not organized and not operated for profit, that exclusivelyprovides health care services to low income uninsured persons, except that"health care facility" does not include a hospital, including a swingbed hospital, facility or center defined under W.S. 35-2-901 or any othermedical facility that is operated for profit;

 

(iv) "Operation" means an invasive procedure thatinvolves cutting or otherwise infiltrating human tissue by mechanical means,including surgery, laser surgery, ionizing radiation, therapeutic ultrasound orthe removal of intraocular foreign bodies. "Operation" does notinclude the administration of medication by injection, unless the injection isadministered in conjunction with a procedure infiltrating human tissue bymechanical means other than the administration of medicine by injection;

 

(v) "Tort action" means a civil action for damagesfor injury, death or loss to person or property other than a civil action fordamages for a breach of contract or another agreement between persons orgovernment entities;

 

(vi) "Volunteer" means an individual who provides anymedical, dental or other health care related diagnosis, care or treatmentwithout the expectation of receiving, and without receipt of, any compensationor other form of remuneration from a low income uninsured person, anotherperson on behalf of a low income uninsured person, any health care facility orany other person or government entity.

 

(b) Subject to subsection (d) of this section, a health careprofessional who is a volunteer and complies with subsection (c) of thissection is not liable in damages to any person or government entity in a tortor other civil action, including an action on a medical, dental or otherhealth-related claim for injury, death or loss to person or property thatallegedly arises from an action or omission of the volunteer in the provisionat a nonprofit health care facility to a low income uninsured person ofmedical, dental or other health-related diagnosis, care or treatment, includingthe provision of samples of medicine and other medical or dental products,unless the action or omission constitutes willful or wanton misconduct.

 

(c) To qualify for immunity under subsection (b) of thissection, a volunteer health care professional shall do all of the followingprior to the initial diagnosis, care or treatment:

 

(i) Inform the person of the provisions of this section eitherpersonally or by means of a writing so stating provided by the nonprofit healthcare facility and signed by the person, or by another individual on behalf of,and in the presence of, the person; and

 

(ii) Obtain the informed consent of the person and a writtenwaiver, signed by the person, or by another individual on behalf of, and in thepresence of, the person.

 

(d) Except as provided in this subsection, the immunitiesprovided by subsection (b) of this section are not available to a volunteerhealth care professional, if at the time of an alleged injury, death or loss toperson or property, the volunteer health care professional involved wasperforming an operation or delivering a baby. This subsection does not apply toa volunteer health care professional who provides diagnosis, care or treatmentor performs an operation or delivers a baby when necessary to preserve the lifeof a person in a medical emergency.

 

(e) In order for the immunity under subsection (b) of thissection to apply and before the rendering of any services by the volunteerhealth care professional at the nonprofit health care facility, there must be awritten agreement between the volunteer health care professional and thefacility pursuant to which the volunteer health care professional will providemedical, dental or health care related diagnosis, care or treatment under thecontrol of the facility to patients of the facility.

 

(f) A nonprofit health care facility entering into a writtenagreement under subsection (e) of this section shall maintain liabilitycoverage of not less than one million dollars ($1,000,000.00) per occurrence,except that no such coverage shall be required to be maintained by the facilityif such coverage is maintained by all volunteer health care professionalsrendering services at the facility. A nonprofit health care facility shall beliable for the negligent acts of a volunteer health care professional providingdiagnosis, care or treatment at the facility only in the circumstances and tothe extent the facility is required to maintain liability coverage under thissubsection.

 

1-1-130. Actions against health care providers; admissibility ofevidence.

 

(a) In any civil action or arbitration brought by an allegedvictim of an unanticipated outcome of medical care against a health careprovider, any and all statements, affirmations, gestures or conduct expressingapology, sympathy, commiseration, condolence, compassion or a general sense ofbenevolence that are made by a health care provider or an employee of a healthcare provider to the alleged victim, or to a relative or representative of thealleged victim, and that relate to the discomfort, pain, suffering, injury ordeath of the alleged victim as the result of the unanticipated outcome ofmedical care, are inadmissible as evidence of an admission of liability or asevidence of an admission against interest.

 

(b) For purposes of this section:

 

(i) "Health care provider" means a person who islicensed, certified or otherwise authorized or permitted by the laws of thisstate to administer health care in the ordinary course of business or practiceof a profession;

 

(ii) "Relative" means a spouse, parent, grandparent,stepfather, stepmother, child, grandchild, brother, sister, half brother, halfsister or parent of a spouse, and includes those relationships established byadoption;

 

(iii) "Representative" means a legal guardian,attorney, person designated to make decisions on behalf of a patient under amedical power of attorney or any person recognized in law or custom as apatient's agent;

 

(iv) "Unanticipated outcome" means the result of amedical treatment or procedure that differs from an expected result.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter1

CHAPTER 1 - GENERAL PROVISIONS AS TO CIVIL ACTIONS

 

1-1-101. Provisions to be liberally construed.

 

TheCode of Civil Procedure and all proceedings under it shall be liberallyconstrued to promote its object and assist the parties in obtaining justice.The rule of common law that statutes in derogation thereof must be strictlyconstrued has no application to the Code of Civil Procedure, but this shall notbe so construed as to require a liberal construction of provisions affectingpersonal liberty, relating to amercement or of a penal nature.

 

1-1-102. Minors as parties to actions.

 

Everyperson over fourteen (14) years of age and under the age of majority, whensubject to no disability other than being a minor, may sue or be sued. Whenplaintiff he shall sue by a next friend selected by him before suit iscommenced. The next friend is liable for the cost chargeable to the plaintiff.When the minor is sued he shall appear by guardian nominated by him andappointed by the court before further proceedings are had in the case, butjudgment shall be against the minor defendant only. In either case, ifplaintiff or defendant neglects or refuses to nominate a next friend orguardian, the court shall appoint a next friend or guardian, who shall file hisconsent in writing, with the court.

 

1-1-103. Power of deputies.

 

Aduty enjoined by statute upon a ministerial officer or an act permitted to bedone by him may be performed by his lawful deputy.

 

1-1-104. Sureties; justification.

 

Acourt or an officer authorized by law to approve a surety may require suchperson to testify orally or in writing touching his sufficiency, but this initself shall not exonerate the officer in an action for taking insufficientsurety.

 

1-1-105. Sureties; qualifications.

 

Suretiesshall be residents of this state, worth in the aggregate double the sum to besecured, beyond the amount of their debts, and have property liable toexecution in this state equal to the sum to be secured. Every person acting assurety for another shall file with the court his affidavit showing that hemeets the requirements set forth herein.

 

1-1-106. Compensation of cross demands.

 

Whencross demands exist between persons under circumstances that if one brought anaction against the other, a counterclaim or setoff could be set up, neither canbe deprived of the benefit thereof by assignment by the other, or by his death,but the two (2) demands will be deemed compensated so far as they equal eachother.

 

1-1-107. Furnishing of transcripts.

 

Upon request and receipt of the lawful feesrequired, judges of judicial tribunals and the clerks of every court of record,shall furnish to any person an authenticated transcript of proceedingscontaining the judgment or final order in their court.

 

1-1-108. Voluntary partial payment of liability claims.

 

Novoluntary partial payment of a claim based on alleged liability for injury orproperty damage shall be construed as an admission of fault or liability, or asa waiver or release of claim by the person receiving payment. Such payment isnot admissible as evidence in any action for the purpose of determining theamount of any judgment, with respect to the parties to the occurrence fromwhich the claim arose. Upon settlement of the claim, the parties may make anyagreement they desire in respect to all voluntary partial payments. After entryof judgment, any such payment shall be treated as a credit and deducted fromthe amount of the judgment. If after partial voluntary payments are made it isdetermined by final judgment of a court of competent jurisdiction that thepayor is liable for an amount less than the voluntary payments already made,the payor has no right of action for the recovery of amounts by which thevoluntary payments exceed the final judgment. No voluntary partial paymentsshall be construed to reduce the amount of damages which may be pleaded andproved in a court proceeding between the parties.

 

1-1-109. Comparative fault.

 

(a) As used in this section:

 

(i) "Actor" means a person or other entity, includingthe claimant, whose fault is determined to be a proximate cause of the death,injury or damage, whether or not the actor is a party to the litigation;

 

(ii) "Claimant" means a natural person, including the personalrepresentative of a deceased person, or any legal entity, includingcorporations, limited liability companies, partnerships or unincorporatedassociations, and includes a third party plaintiff and a counterclaimingdefendant;

 

(iii) "Defendant" means a party to the litigationagainst whom a claim for damages is asserted, and includes third partydefendants. Where there is a counterclaim, the claimant against whom thecounterclaim is asserted is also a defendant;

 

(iv) "Fault" includes acts or omissions, determined tobe a proximate cause of death or injury to person or property, that are in anymeasure negligent, or that subject an actor to strict tort or strict productsliability, and includes breach of warranty, assumption of risk and misuse oralteration of a product;

 

(v) "Injury to person or property," in addition tobodily injury, includes, without limitation, loss of enjoyment of life,emotional distress, pain and suffering, disfigurement, physical or mentaldisability, loss of earnings or income, damage to reputation, loss ofconsortium, loss of profits and all other such claims and causes of actionarising out of the fault of an actor;

 

(vi) "Wrongful death" means that cause of actionauthorized by Wyoming statute to recover money damages when the death of aperson is caused by the fault of an actor such as would have entitled the partyinjured to maintain an action to recover damages if death had not ensued.

 

(b) Contributory fault shall not bar a recovery in an action byany claimant or the claimant's legal representative to recover damages forwrongful death or injury to person or property, if the contributory fault ofthe claimant is not more than fifty percent (50%) of the total fault of allactors. Any damages allowed shall be diminished in proportion to the amount offault attributed to the claimant.

 

(c) Whether or not the claimant is free of fault, the courtshall:

 

(i) If a jury trial:

 

(A) Direct the jury to determine the total amount of damagessustained by the claimant without regard to the percentage of fault attributedto the claimant, and the percentage of fault attributable to each actor; and

 

(B) Inform the jury of the consequences of its determination ofthe percentage of fault.

 

(ii) If a trial before the court without jury, make specialfindings of fact, determining the total amount of damages sustained by theclaimant without regard to the percentage of fault attributed to the claimant,and the percentage of fault attributable to each actor.

 

(d) The court shall reduce the amount of damages determinedunder subsection (c) of this section in proportion to the percentage of faultattributed to the claimant and enter judgment against each defendant in theamount determined under subsection (e) of this section.

 

(e) Each defendant is liable only to the extent of thatdefendant's proportion of the total fault determined under paragraph (c)(i) or(ii) of this section.

 

1-1-110. Repealed by Laws 1986, ch. 24, 2.

 

1-1-111. Repealed by Laws 1986, ch. 24, 2.

 

1-1-112. Repealed by Laws 1986, ch. 24, 2.

 

1-1-113. Repealed by Laws 1986, ch. 24, 2.

 

1-1-114. Pleading of damages.

 

In all cases the court shall inform thejury of the consequences of its verdict.

 

1-1-115. Civil liability for unpaid checks.

 

(a) Any person who issues a check which is not paid because thecheck has been dishonored for any reason has thirty (30) days following thedate of a written demand mailed to the drawer of the check by United Statespostal service certificate of mailing at the address shown on the check or hislast known address or personally served pursuant to the Wyoming Rules of CivilProcedure, to pay to the holder of the check the amount of the check and acollection fee not to exceed thirty dollars ($30.00). The demand shall statethat the drawer is required to pay the value of the check and the collectionfee demanded and shall state the collection fee provided for in this section.

 

(b) Any person who fails to pay the amount of the check and thecollection fee as set forth in subsection (a) of this section within thirty(30) days following the date of a written demand, mailed to or served on thedrawer in accordance with subsection (a) of this section, is liable to theholder of the check for three (3) times the amount of the check, but in no caseless than one hundred dollars ($100.00), a collection fee of thirty dollars($30.00), and court costs.

 

(c) In extraordinary cases, including cases in which the courtdetermines that the party who wrote the check has raised dilatory or bad faithdefenses, the court may award the prevailing party reasonable attorney fees.

 

(d) Nothing in this section shall prevent the criminalprosecution of the person who issues the check. However, any payment made bythe defendant to a victim pursuant to an order for restitution entered in acriminal case pursuant to W.S. 7-9-101 through 7-9-112 or 6-3-704(b), shall beset off against any judgment in favor of the victim in a civil action broughtunder this section arising out of the same facts or event.

 

(e) A cause of action under this section may be brought insmall claims court, if the amount of the demand does not exceed thejurisdiction of that court, or in any other appropriate court.

 

(f) As used in this section, "check," "drawee,""drawer" and "issue" have the same meaning as defined inW.S. 6-3-701.

 

1-1-116. Civil liability for theft of services.

 

(a) Notwithstanding any criminal penalties which may apply, anowner or operator of a franchised or otherwise duly licensed provider ofservices may bring a civil action to enjoin or restrain any violation of W.S.6-3-408 and may in the same action seek damages from the person violating W.S.6-3-408.

 

(b) In order to maintain an action for injunctive relief underthis section, it is not necessary for the plaintiff to show actual damages orthe threat of actual damages.

 

(c) As used in this section "services" has the samemeaning as specified in W.S. 6-3-408.

 

1-1-117. Affidavits of noninvolvement.

 

(a) In any action, whether in tort, contract or otherwise, inwhich the plaintiff seeks damages, a party may, in lieu of answering orotherwise pleading, file an affidavit certifying that he was not directly orindirectly involved in the occurrence or occurrences alleged in the action. Ifan affidavit is filed, the court shall order the dismissal of the claim againstthe certifying party, except as provided for in subsection (b) of this section.The affidavit shall be filed within the time required for filing an answer, ifno answer is filed; and, in any event, at least twenty (20) days prior totrial. Any order of dismissal based on the affidavit shall not be enteredwithin ten (10) days after the affidavit is filed.

 

(b) Any party may oppose the dismissal or move to vacate theorder of dismissal and reinstate the certifying party, provided he can showthat the certifying party was directly or indirectly involved in the occurrenceor occurrences alleged in the action. After the filing of an affidavit underthis section, the party opposing the dismissal may have discovery with respectto the involvement or noninvolvement of the party filing the affidavit,provided the discovery is completed within sixty (60) days of the filing of theaffidavit.

 

1-1-118. Amateur rodeos; liability for injuries; consent toparticipate.

 

(a) No public school or nonprofit organization sponsoring anamateur rodeo is liable for injuries suffered by a contestant as a result ofhis voluntary participation in a rodeo event except for injuries caused by thewillful, wanton or reckless act of the sponsoring organization or itsemployees.

 

(b) A minor shall be deemed to be a voluntary participant forpurposes of this section if he has signed a written consent to participate inthe rodeo event and the consent is also signed by one (1) of the minor'sparents or by his legal guardian.

 

1-1-119. Release or covenant not to sue.

 

Whena release or a covenant not to sue or not to enforce judgment is given in goodfaith to one (1) of two (2) or more persons liable in tort for the same injuryor the same wrongful death, it does not discharge any of the other tortfeasorsfrom liability for the injury or wrongful death unless its terms so provide.

 

1-1-120. Persons rendering emergency assistance exempt from civilliability.

 

(a) Any person licensed as a physician and surgeon under thelaws of the state of Wyoming, or any other person, who in good faith rendersemergency care or assistance without compensation at the place of an emergencyor accident, is not liable for any civil damages for acts or omissions in goodfaith.

 

(b) Persons or organizations operating volunteer ambulances orrescue vehicles supported by public or private funds, staffed by unpaidvolunteers, and which make no charge, or charge an incidental service or userfee, for services rendered during medical emergencies, and the unpaidvolunteers who staff ambulances and rescue vehicles are not liable for anycivil damages for acts or omissions in good faith in furnishing emergencymedical services. This immunity does not apply to acts or omissionsconstituting gross negligence or willful or wanton misconduct. For purposes ofthis section, "unpaid volunteers" means persons who either receiveincidental remuneration on a per call basis or receive no more than onethousand dollars ($1,000.00) annually for volunteer ambulance and rescueactivities. The immunity provided by this subsection shall extend to aphysician while serving in his capacity as medical director of any ambulanceservice, to hospitals and hospital employees for activities directly related toproviding clinical training as part of an emergency medical service classapproved by the department of health, and to students while participating inemergency medical services training approved by the department of health. Ifan unpaid volunteer's, medical director's, hospital's or trainee's acts oromissions are subject to the provisions of the Wyoming Governmental Claims Act,immunity under this section is waived to the extent of the maximum liabilityprovided under W.S. 1-39-118.

 

(c) Any person who provides assistance or advice withoutcompensation other than reimbursement of out-of-pocket expenses in mitigatingor attempting to mitigate the effects of an actual or threatened discharge ofhazardous materials, or in preventing, cleaning up or disposing of or inattempting to prevent, clean up or dispose of any discharge of hazardousmaterials, is not liable for any civil damages for acts or omissions in goodfaith in providing the assistance or advice. This immunity does not apply toacts or omissions constituting gross negligence or willful or wantonmisconduct. As used in this subsection:

 

(i) "Discharge" includes leakage, seepage or otherrelease;

 

(ii) "Hazardous materials" includes all materials andsubstances which are now or hereafter designated or defined as hazardous by anystate or federal law or by the regulations of any state or federal governmentagency.

 

1-1-121. Recreation Safety Act; short title.

 

Thisact shall be known and may be cited as the "Recreation Safety Act".

 

1-1-122. Definitions.

 

(a) As used in this act:

 

(i) "Inherent risk" with regard to any sport orrecreational opportunity means those dangers or conditions which arecharacteristic of, intrinsic to, or an integral part of any sport orrecreational opportunity;

 

(ii) "Provider" means any person or governmentalentity which for profit or otherwise, offers or conducts a sport orrecreational opportunity. This act does not apply to a cause of action basedupon the design or manufacture of sport or recreational equipment or productsor safety equipment used incidental to or required by the sport or recreationalopportunity;

 

(iii) "Sport or recreational opportunity" meanscommonly understood sporting activities including baseball, softball, football,soccer, basketball, swimming, hockey, dude ranching, nordic or alpine skiing,mountain climbing, river floating, hunting, fishing, backcountry trips,horseback riding and any other equine activity, snowmobiling and similarrecreational opportunities and includes the use of private lands for vehicleparking and land access related to the sport or recreational opportunity;

 

(iv) "Equine activity" means:

 

(A) Equine shows, fairs, competitions, performances or parades thatinvolve any or all breeds of equines;

 

(B) Any of the equine disciplines;

 

(C) Equine training or teaching activities, or both;

 

(D) Boarding equines;

 

(E) Riding, inspecting or evaluating an equine belonging toanother, whether or not the owner has received some monetary consideration orother thing of value for the use of the equine or is permitting a prospectivepurchaser of the equine to ride, inspect or evaluate the equine;

 

(F) Rides, trips, hunts or other equine activities of any type howeverinformal or impromptu;

 

(G) Day use rental riding, riding associated with a dude ranchor riding associated with outfitted pack trips; and

 

(H) Placing or replacing horseshoes on an equine.

 

(v) Repealed By Laws 1996, ch. 78, 2.

 

(vi) "This act" means W.S. 1-1-121 through 1-1-123.

 

1-1-123. Assumption of risk.

 

(a) Any person who takes part in any sport or recreationalopportunity assumes the inherent risks in that sport or recreationalopportunity, whether those risks are known or unknown, and is legallyresponsible for any and all damage, injury or death to himself or other personsor property that results from the inherent risks in that sport or recreationalopportunity.

 

(b) A provider of any sport or recreational opportunity is notrequired to eliminate, alter or control the inherent risks within theparticular sport or recreational opportunity.

 

(c) Actions based upon negligence of the provider wherein thedamage, injury or death is not the result of an inherent risk of the sport orrecreational opportunity shall be preserved pursuant to W.S. 1-1-109.

 

1-1-124. Pretrial screening.

 

(a) The supreme court may promulgate rules to provide ascreening procedure to expedite the prelitigation resolution of claims arisingfrom any alleged act, error or omission in the rendering of licensed orcertified professional or health care services.

 

(b) The screening procedure authorized by this section shall bedesigned to reduce the burden of malpractice cases on the state judicial systemand to encourage the prompt resolution of nonmeritorious claims. The expeditedprocedure may include the creation of professional review panels to reviewclaims and to determine:

 

(i) Whether there is substantial evidence that the actscomplained of occurred, constituted malpractice and resulted in injury to theclaimant; and

 

(ii) A recommended award if requested by the parties.

 

(c) The supreme court shall annually report to the jointjudiciary interim committee the costs of operating the expedited screeningprocedure and shall submit a recommendation for the proration and assessmentof costs among the professions subject to the pretrial screening procedure.

 

1-1-125. Immunity for volunteers; volunteer firefighters.

 

(a) As used in this section:

 

(i) "Compensation" does not include actual andnecessary expenses that are incurred by a volunteer in connection with theservices that the volunteer performs for a nonprofit organization and that arereimbursed to the volunteer or otherwise paid nor does it include anyincidental personal privileges received by volunteers for their services;

 

(ii) "Nonprofit organization" means those nonprofitorganizations exempt from federal income tax pursuant to section 501(c) of theInternal Revenue Code;

 

(iii) "Volunteer" means an officer, director, trusteeor other person who performs services for a nonprofit organization but does notreceive compensation, either directly or indirectly, for those services, or avolunteer firefighter who performs services for a volunteer fire departmentunder W.S. 35-9-601(h) whether or not he receives compensation or a pension.

 

(b) Except as provided in subsection (c) of this section, avolunteer who provides services or performs duties on behalf of a nonprofitorganization or a volunteer fire department is personally immune from civilliability for any act or omission resulting in damage or injury if at the timeof the act or omission:

 

(i) The person was acting within the scope of his duties as avolunteer for the nonprofit organization or volunteer fire department; and

 

(ii) The act or omission did not constitute willful or wantonmisconduct or gross negligence.

 

(c) This section does not grant immunity to any person causingdamage as a result of the negligent operation of a motor vehicle.

 

(d) In any suit against a nonprofit organization or a volunteerfire department for civil damages based upon the negligent act or omission of avolunteer, proof of the act or omission shall be sufficient to establish theresponsibility of the organization or department under the doctrine ofrespondeat superior, notwithstanding the immunity granted to the volunteer withrespect to any act or omission included under subsection (b) of this section.

 

1-1-126. Civil liability for stalking.

 

(a) A person who is the victim of stalking as defined by W.S.6-2-506 may maintain a civil action against an individual who engages in acourse of conduct that is prohibited under W.S. 6-2-506 for damages incurred bythe victim as a result of that conduct. The aggrieved party may also seek andbe awarded exemplary damages, reasonable attorney's fees and costs of theaction.

 

(b) A civil action may be maintained under this section whetheror not the individual who is alleged to have engaged in a course of conductprohibited under W.S. 6-2-506 has been charged or convicted under W.S. 6-2-506for the alleged crime.

 

(c) Neither the pendency nor the termination of a civil actionunder this section shall prevent the criminal prosecution of a person who violatesW.S. 6-2-506.

 

1-1-127. Civil liability for shoplifting.

 

(a) A person over ten (10) years of age who violates W.S.6-3-404(a) or (b) is civilly liable to the merchant of the property in anamount consisting of:

 

(i) Return of the property in original condition or actualdamages equal to the full marked or listed price of the property; plus

 

(ii) A civil liability of twice the amount of the full marked orlisted price of the property but not less than fifty dollars ($50.00) nor morethan one thousand dollars ($1,000.00); plus

 

(iii) Reasonable attorney's fees and court costs.

 

(b) If an unemancipated minor violates W.S. 6-3-404(a) or (b),the parents or guardian of the child shall be civilly liable as provided bysubsection (a) of this section, provided liability under this subsection shallnot apply to foster parents, to parents whose parental custody and control ofthe child have been terminated by court order prior to the violation or to anygovernmental or private agency that has been appointed guardian for the minorchild pursuant to court order or action of the department of family services. Civil liability under this subsection is not subject to the limitation onliability provided by W.S. 14-2-203 or any other law that limits the liabilityof parents for damages caused by an unemancipated minor.

 

(c) A conviction or a plea of guilty to a violation of W.S.6-3-404(a) or (b) is not a prerequisite to the bringing of a civil suit underthis section.

 

(d) An action to recover damages and any civil liability underthis section may be brought in small claims court if the total amount of thedemand for damages and any civil liability does not exceed the jurisdiction ofthat court, or in any other appropriate court.

 

(e) In order to recover damages and any civil liability underthis act, the merchant of the property shall also notify law enforcementofficials.

 

1-1-128. Civil liability for theft of identity.

 

(a) A person who is the victim of theft of identity as definedby W.S. 6-3-901 may maintain a civil action to enjoin or restrain any violationof W.S. 6-3-901 and may in the same action seek damages from the personviolating W.S. 6-3-901. In order to maintain an action for injunctive reliefunder this section, it is not necessary for the plaintiff to show actualdamages or the threat of actual damages. A prevailing party in an action underthis section may recover court costs and reasonable attorney fees.

 

(b) A conviction or plea of guilty is not a prerequisite to thebringing of a civil action under this section.

 

(c) A cause of action for theft of identity is not deemed tohave accrued until the wrongdoer is discovered.

 

(d) Nothing in this section shall prevent the criminalprosecution of a person for theft of identity. However, any payment made bythe defendant to a victim pursuant to an order for restitution entered in acriminal case pursuant to W.S. 6-3-901 and 7-9-101 through 7-9-115, shall beset off against any judgment in favor of the victim in a civil action brought underthis section arising out of the same facts or event.

 

1-1-129. Immunity from liability for volunteer health careprofessionals; insurance required of nonprofit health care facility.

 

(a) As used in this section:

 

(i) "Health care professional" means any of thefollowing who provide medical or dental diagnosis, care or treatment:

 

(A) Physicians, osteopaths and physician assistants licensed topractice as provided in title 33, chapter 26 of the Wyoming statutes;

 

(B) All nurses licensed to practice as provided in title 33,chapter 21 of the Wyoming statutes;

 

(C) Pharmacists licensed to practice as provided in title 33,chapter 24 of the Wyoming statutes;

 

(D) Dentists and dental hygienists licensed to practice asprovided in title 33, chapter 15 of the Wyoming statutes; and

 

(E) Optometrists licensed to practice as provided in title 33,chapter 23 of the Wyoming statutes.

 

(ii) "Low income uninsured person" means a person whomeets all of the following requirements:

 

(A) The person's income is not greater than two hundred percent(200%) of the current poverty line as defined by federal law, as amended;

 

(B) The person currently is not receiving medical, disabilityor other assistance under any federal or state government health care program;and

 

(C) Either of the following applies:

 

(I) The person is not a policyholder, certificate holder,insured, contract holder, subscriber, enrollee, member, beneficiary or othercovered individual under a health insurance or health care policy, contract or plan;or

 

(II) The person is a policyholder, certificate holder, insured,contract holder, subscriber, enrollee, member, beneficiary or other coveredindividual under a health insurance or health care policy, contract or plan,but the insurer, policy, contract or plan denies coverage or is the subject ofinsolvency or bankruptcy proceedings in any jurisdiction.

 

(iii) "Nonprofit health care facility" means acharitable nonprofit corporation or association organized and operated undertitle 17, chapters 19 or 22 of the Wyoming statutes, or any charitableorganization not organized and not operated for profit, that exclusivelyprovides health care services to low income uninsured persons, except that"health care facility" does not include a hospital, including a swingbed hospital, facility or center defined under W.S. 35-2-901 or any othermedical facility that is operated for profit;

 

(iv) "Operation" means an invasive procedure thatinvolves cutting or otherwise infiltrating human tissue by mechanical means,including surgery, laser surgery, ionizing radiation, therapeutic ultrasound orthe removal of intraocular foreign bodies. "Operation" does notinclude the administration of medication by injection, unless the injection isadministered in conjunction with a procedure infiltrating human tissue bymechanical means other than the administration of medicine by injection;

 

(v) "Tort action" means a civil action for damagesfor injury, death or loss to person or property other than a civil action fordamages for a breach of contract or another agreement between persons orgovernment entities;

 

(vi) "Volunteer" means an individual who provides anymedical, dental or other health care related diagnosis, care or treatmentwithout the expectation of receiving, and without receipt of, any compensationor other form of remuneration from a low income uninsured person, anotherperson on behalf of a low income uninsured person, any health care facility orany other person or government entity.

 

(b) Subject to subsection (d) of this section, a health careprofessional who is a volunteer and complies with subsection (c) of thissection is not liable in damages to any person or government entity in a tortor other civil action, including an action on a medical, dental or otherhealth-related claim for injury, death or loss to person or property thatallegedly arises from an action or omission of the volunteer in the provisionat a nonprofit health care facility to a low income uninsured person ofmedical, dental or other health-related diagnosis, care or treatment, includingthe provision of samples of medicine and other medical or dental products,unless the action or omission constitutes willful or wanton misconduct.

 

(c) To qualify for immunity under subsection (b) of thissection, a volunteer health care professional shall do all of the followingprior to the initial diagnosis, care or treatment:

 

(i) Inform the person of the provisions of this section eitherpersonally or by means of a writing so stating provided by the nonprofit healthcare facility and signed by the person, or by another individual on behalf of,and in the presence of, the person; and

 

(ii) Obtain the informed consent of the person and a writtenwaiver, signed by the person, or by another individual on behalf of, and in thepresence of, the person.

 

(d) Except as provided in this subsection, the immunitiesprovided by subsection (b) of this section are not available to a volunteerhealth care professional, if at the time of an alleged injury, death or loss toperson or property, the volunteer health care professional involved wasperforming an operation or delivering a baby. This subsection does not apply toa volunteer health care professional who provides diagnosis, care or treatmentor performs an operation or delivers a baby when necessary to preserve the lifeof a person in a medical emergency.

 

(e) In order for the immunity under subsection (b) of thissection to apply and before the rendering of any services by the volunteerhealth care professional at the nonprofit health care facility, there must be awritten agreement between the volunteer health care professional and thefacility pursuant to which the volunteer health care professional will providemedical, dental or health care related diagnosis, care or treatment under thecontrol of the facility to patients of the facility.

 

(f) A nonprofit health care facility entering into a writtenagreement under subsection (e) of this section shall maintain liabilitycoverage of not less than one million dollars ($1,000,000.00) per occurrence,except that no such coverage shall be required to be maintained by the facilityif such coverage is maintained by all volunteer health care professionalsrendering services at the facility. A nonprofit health care facility shall beliable for the negligent acts of a volunteer health care professional providingdiagnosis, care or treatment at the facility only in the circumstances and tothe extent the facility is required to maintain liability coverage under thissubsection.

 

1-1-130. Actions against health care providers; admissibility ofevidence.

 

(a) In any civil action or arbitration brought by an allegedvictim of an unanticipated outcome of medical care against a health careprovider, any and all statements, affirmations, gestures or conduct expressingapology, sympathy, commiseration, condolence, compassion or a general sense ofbenevolence that are made by a health care provider or an employee of a healthcare provider to the alleged victim, or to a relative or representative of thealleged victim, and that relate to the discomfort, pain, suffering, injury ordeath of the alleged victim as the result of the unanticipated outcome ofmedical care, are inadmissible as evidence of an admission of liability or asevidence of an admission against interest.

 

(b) For purposes of this section:

 

(i) "Health care provider" means a person who islicensed, certified or otherwise authorized or permitted by the laws of thisstate to administer health care in the ordinary course of business or practiceof a profession;

 

(ii) "Relative" means a spouse, parent, grandparent,stepfather, stepmother, child, grandchild, brother, sister, half brother, halfsister or parent of a spouse, and includes those relationships established byadoption;

 

(iii) "Representative" means a legal guardian,attorney, person designated to make decisions on behalf of a patient under amedical power of attorney or any person recognized in law or custom as apatient's agent;

 

(iv) "Unanticipated outcome" means the result of amedical treatment or procedure that differs from an expected result.

 

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