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MEYER v. KENDIG

No. 5554.

641 P.2d 1235 (1982)

Joseph J. MEYER, Joseph L. Meyers, Donnie R. Haney, Dale Saathoff, and Dan Muirhead, Appellants (Defendants), v. Pamela Sue KENDIG, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 12, 1982.

Attorney(s) appearing for the Case

Wade Brorby and Thomas D. Roberts, of Morgan & Brorby, Gillette, and Michael A. Williams and Craig R. Maginness, of Sherman & Howard, Denver, Colo., attys. in good standing, Bar of Colorado, for appellants.

Edward P. Moriarity and Gary L. Shockey, of Spence, Moriarity & Schuster, Jackson, for appellee.

Carl L. Lathrop and Nick Kalokathis, of Lathrop & Uchner, P.C., Cheyenne, filed an amicus curiae brief on behalf of The Wyoming Mining Association.

Gerald A. Stack, Deputy Atty. Gen., Crim. Div., Allen C. Johnson, Senior Asst. Atty. Gen., and Carl J. Hildebrand, Asst. Atty. Gen., filed an amicus curiae brief on behalf of the State of Wyoming.

J.N. Murdock, of Vlastos, Reeves & Murdock, P.C., Casper, filed an amicus curiae brief on behalf of the Defense Lawyers' Association of Wyoming.

Donald J. Sullivan, Stephen H. Kline, and Sharon A. Fitzgerald, Cheyenne, filed an amicus curiae brief on behalf of The Wyoming Trial Lawyers Association.

Before ROSE, C.J., RAPER, THOMAS and ROONEY, JJ., and GUTHRIE, J., Ret.

ROONEY, Justice.

This appeal is from a judgment rendered on a jury verdict which found that appellee-plaintiff's injuries were caused in part by the negligence of appellants. One of the issues presented on appeal is whether or not the trial court erred in denying appellants' motion to strike the allegations of ordinary negligence in the complaint as improper under § 27-12-103(a), W.S. 1977.1 In denying the motion, the trial court...

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