DAVIS v. CITY OF CASPER

Nos. 84-272, 85-4 and 85-5.

710 P.2d 827 (1985)

Joe DAVIS and Karen Davis, Appellants (Plaintiffs), v. The CITY OF CASPER; Natrona County, Wyoming; the Board of County Commissioners of Natrona County, Wyoming; Appellees (Defendants), Barnard Realty Company, a partnership; William N. Barnard, individually; Robert N. Barnard, individually: Bretton Corporation; Scott Key and Barbara Divine, dba Golden Key Construction; Kelly Heights Development Corporation; Jerry Ressler, individually; and Mile Hi Realty, Inc. (Defendants). Roy COHEE and Barbara Cohee, Appellants (Plaintiffs), v. The CITY OF CASPER; Natrona County, Wyoming; the Board of County Commissioners of Natrona County, Wyoming; Appellees (Defendants), Barnard Realty Company, a partnership; William N. Barnard, individually; Robert N. Barnard, individually; Bretton Corporation; J.E. Peirce, individually; and J.E. Peirce Construction, Inc., a Wyoming corporation (Defendants). Dennis CLIMER and Mary Climer, Appellants (Plaintiffs), v. The CITY OF CASPER; Natrona County, Wyoming; the Board of County Commissioners of Natrona County, Wyoming; Appellees (Defendants), Barnard Realty Company, a partnership; William N. Barnard, individually; Robert N. Barnard, individually; Bretton Corporation; and J.E. Peirce Construction, Inc., a Wyoming corporation (Defendants).

Supreme Court of Wyoming.

December 18, 1985.


Attorney(s) appearing for the Case

Ronald A. Kastanek, Casper, for appellants (plaintiffs).

Patricia M. Baird (argued), of Williams, Porter, Day & Neville, Casper, for appellee (defendant), City of Casper.

William S. Bon (argued) and Cameron S. Walker of Schwartz, Bon, McCrary & Walker, Casper, for appellees (defendants), Natrona County and Bd. of County Com'rs of Natrona County.

Before THOMAS, C.J., and ROSE, ROONEY BROWN and CARDINE, JJ.


CARDINE, Justice.

The appellants, Davises, Climers, and Cohees, all homeowners in the Kelly-Gate Addition of Casper, appeal the district court's dismissal of appellees, the City of Casper, Natrona County, and the Board of County Commissioners from their negligence suits. Not dismissed from these suits are the construction and realty companies that built the homes in the addition; they are not involved in this appeal. There are two issues on appeal. First, we must...

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