Archer v. State ex rel. Wyo. Dep't of Transp.
Archer v. State ex rel. Wyo. Dep't of Transp.
Opinion of the Court
[¶1] This is a wrongful death case arising from the tragic death of a seven-year-old girl, who was struck and killed in a crosswalk on her way home from school. The driver held a valid Wyoming driver's license even though she had monocular vision, a glass eye, and could not have passed the eye exam, which was administered by an employee of the Wyoming Department of Transportation (WYDOT). The child's parents sued the WYDOT, the City of Riverton, Fremont County School District No. 25, and various employees of those governmental entities, asserting claims for wrongful death, negligent infliction of emotional distress, and loss of parental consortium (on behalf of the child's siblings). The claims against the school district and its employees were dismissed and Appellants do not appeal that decision. The district court held that governmental immunity barred the claims against the WYDOT, the City of Riverton, and their employees, and dismissed the complaint. Appellants appeal that order, and we affirm.
ISSUES
[¶2] 1. Does the WYDOT's performance of eye exams constitute a public service for which governmental immunity has been waived by
*1452. Did the City of Riverton provide a public service for which governmental immunity has been waived by
3. Did the Appellants preserve a claim that the governmental entities waived immunity under the insurance coverage exception at
FACTS
[¶3] Because this is an appeal from an order granting motions to dismiss, "we accept the facts stated in the [amended] complaint as true and view them in the light most favorable to the plaintiff[s]." Town of Pine Bluffs v. Eisele ,
[¶4] Sophia Archer and her sister, LA, were crossing the street at a marked crosswalk on their way home from school when Sophia was struck by a motor vehicle driven by Sandra Pennock. Sophia's mother, Ryann Archer, and her sister, OA, arrived at the scene while witnesses were performing CPR and before police officers had arrived. Sophia Archer suffered numerous injuries and likely died at the scene. Sandra Pennock received a driver's license from the WYDOT after successfully completing an eye exam, which it would have been impossible for her to pass in light of her monocular vision and glass eye. The WYDOT issued a handicapped vehicle identification to Ms. Pennock in 2015, two months before the accident, which noted her severe visual or audio handicap. The amended complaint alleges that the WYDOT eye examiner, defendant Jane Doe, "was a public employee acting within the scope of her employment and duties with the Wyoming Department of Transportation ...."
[¶5] The district court granted the motions to dismiss of the WYDOT and the City, finding that no exception to governmental immunity applied. This appeal was timely filed.
DISCUSSION
[¶6] The Archers present several arguments to avoid the harsh results of governmental immunity under the Wyoming Governmental Claims Act (WGCA), Wyo. Stat. Ann §§ 1-39-101 through 1-39-121 (LexisNexis 2017). First, they contend, the actions of the WYDOT and the City fall under the exception to governmental immunity for operation of public utilities at
[¶7] In 1978, this Court abolished the doctrine of municipal immunity and declared that "[h]enceforth, the rule is liability and the exception is immunity ...." Oroz v. Bd. of Cty. Comm'rs of Carbon Cty. ,
*146
In interpreting the WGCA, we apply the following rules of statutory interpretation:
When we interpret statutes, our goal is to give effect to the intent of the legislature, and we "attempt to determine the legislature's intent based primarily on the plain and ordinary meaning of the words used in the statute." Krenning v. Heart Mountain Irrigation Dist. ,2009 WY 11 , ¶ 9,200 P.3d 774 , 778 (Wyo. 2009). Statutory interpretation presents a question of law, so our review of the district court's conclusions is de novo .Id. ; Sinclair Oil Corp. v. Wyo. Dep't of Revenue ,2010 WY 122 , ¶ 7,238 P.3d 568 , 570 (Wyo. 2010).
With specific regard to the Wyoming Governmental Claims Act, we have said that we should not "enlarge, stretch, expand[,] or extend" the statutory language to include "matters not falling within its express provisions." State v. Watts ,2008 WY 19 , ¶ 19,177 P.3d 793 , 798 (Wyo. 2008). Instead, we use our "standard rules" of statutory interpretation "to determine whether the legislature intended that immunity be waived for a particular claim and will not resort to reliance upon previous unsupported and unnecessary suggestions that the act is to be interpreted either liberally or strictly."Id. , ¶ 20,177 P.3d at 798-99 .
Fugle v. Sublette Cty. Sch. Dist. No. 9 ,
I. Does the WYDOT's performance of eye exams constitute a public service for which governmental immunity has been waived by
[¶8] The Archers contend that the WYDOT's performance of eye exams is a public service for which immunity is waived.
Liability; public utilities.
(a) A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of public utilities and services including gas, electricity, water, solid or liquid waste collection or disposal, heating and ground transportation .
(Emphasis added.)
[¶9] The district court held that "[t]he issuance of drivers' licenses, or the examination of license applicants' visual ability, are not in the same genre as the utilities or services listed in § 108," and therefore does not fall under the § 1-39-108 public utility exception. We agree. In Sponsel v. Park Cty. ,
[¶10] The facts in Gibson v. State, Dep't of Revenue & Taxation ,
[¶11] Appellants urge us to find an exception in this case because the service of providing eye exams is also available through private parties. They cite to
II. Did the City of Riverton provide a public service for which governmental immunity has been waived by
[¶12] The Archers next argue that the City was a public utility providing public services when it provided the marked street crossing where Sophia Archer was struck. Just like the eye examination discussed above, the provision of a marked street crossing is not of the same genre as the public utilities listed in § 1-39-108. In Sponsel , we held that "providing [ ] traffic control devices on county highways is not a public service for which immunity has been waived by the WGCA."
(a) ... liability for damages caused by:
(i) A defect in the plan or design of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area;
(ii) The failure to construct or reconstruct any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area; or
(iii) The maintenance, including maintenance to compensate for weather conditions, of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area.
We affirm the order dismissing the claims against the City of Riverton and Kyle Butterfield.
III. Did the Appellants preserve a claim that the governmental entities waived immunity under the insurance coverage exception at
[¶13] The Archers correctly assert that governmental immunity may be waived, pursuant to
[¶14] We affirm the district court's orders.
We will refer to the WYDOT and Jane Doe collectively as "the WYDOT."
At oral argument, Appellants argued for the first time that perhaps the individual employees were acting outside the scope of their duties and were thus not entitled to governmental immunity. Because the amended complaint specifically alleges that both Jane Doe and Kyle Butterfield were "acting within the scope of [their] employment and duties," we do not further address that contention.
We will refer to the City of Riverton and Kyle Butterfield collectively as "the City."
This is not a case in which the necessary information is unobtainable outside of the discovery process. Both the WYDOT and the City are governmental entities subject to the Public Records Act.
Reference
- Full Case Name
- Timothy ARCHER and Ryann Archer, individually and as wrongful death representatives of Sophia Archer, a minor, and as wrongful death beneficiaries and as natural parents and next friend of MA, a minor, LA, a minor, and OA, a minor, (Plaintiffs) v. STATE of Wyoming, EX REL., WYOMING DEPARTMENT OF TRANSPORTATION City of Riverton, A Wyoming governmental entity and local government and Riverton Public Works Director Kyle Butterfield, individually and in his official capacity, (Defendants).
- Cited By
- 4 cases
- Status
- Published