WORTHINGTON v. STATE

Nos. 5016-5018.

598 P.2d 796 (1979)

R.O. WORTHINGTON and Virginia H. Worthington, as Guardians of the Person and Estate of Kelly J. Worthington, a Minor, Appellants (Plaintiffs below), v. The STATE of Wyoming and the State Highway Commission of Wyoming, Appellees (Defendants below), Edward A. Malar (Defendant below), and State Farm Mutual Automobile Insurance Company, Appellee (Intervenor below). Clifford A. SCOTT, Individually and as Father of Mark A. Scott, and Mark A. Scott, Individually, Appellants (Plaintiffs below), v. The STATE of Wyoming, the State Highway Commission of Wyoming, and the Motor Vehicle Division of the Department of Revenue and Taxation, Appellees (Defendants below), Edward A. Malar (Defendants below), State Farm Mutual Automobile Insurance Company, Appellee (Intervenor below). Patricia A. MILLER and Harry M. Miller, Appellants (Plaintiffs below), v. The STATE of Wyoming and the State Highway Commission of Wyoming, Appellees (Defendants below), James W. Grandpre, Reiman-Wuerth Co., a Wyoming Corporation, Wyoming Beverage, Inc., a Wyoming Corporation, Oliver Olsen d/b/a Frontier Distributing Co., and the City of Cheyenne, Wyoming (Defendants below).

Supreme Court of Wyoming.

Rehearings Denied September 17, 1979.


Attorney(s) appearing for the Case

John E. Stanfield, of Smith, Stanfield & Scott, Laramie, signed the briefs and appeared in oral argument on behalf of appellants-Worthington in No. 5016.

Forrest S. Blunk, of Gavend, Sullivan & Bryans and Blunk & Johnson, Denver, Colo., signed the briefs and appeared in oral argument on behalf of appellants-Scott in No. 5017.

David H. Carmichael and John C. Patton, of Carmichael & Statkus, Cheyenne, signed the brief on behalf of appellants-Miller in No. 5018; oral argument was presented by Mr. Carmichael.

G. Joseph Cardine, Laramie, and Laird Campbell of DeMoulin, Anderson, Campbell & Laugesen, Denver, Colo., signed the brief on behalf of appellee-intervenor State Farm Mutual Automobile Insurance Company in Nos. 5016 & 5017; oral argument was presented by Mr. Cardine.

John J. Rooney, Atty. Gen., and Glenn A. Williams, Senior Asst. Atty. Gen., Cheyenne, signed the brief on behalf of appellees State of Wyoming, State Highway Commission of Wyoming, and the Motor Vehicle Division of the Department of Revenue and Taxation in Nos. 5016, 5017, & 5018; oral argument was presented by Mr. Williams.

Blair J. Trautwein, Cheyenne, Wyoming Trial Lawyers' Association, signed the brief on behalf of amicus curiae.

Before RAPER, C.J., McCLINTOCK, THOMAS and ROSE, JJ., and GUTHRIE, J., Retired.


GUTHRIE, Justice, Retired.

This appeal involves three separate suits arising from two different factual situations. These actions were consolidated for the purpose of this appeal for briefing and argument. All three of these appellants vigorously asserted that sovereign immunity, insofar as it applies to the State and particularly to its activities in the area of its construction and general operation through the state highway system should be abrogated. The two factual...

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