MATTHEWS v. FETZNER

No. 88-29.

768 P.2d 590 (1989)

James MATTHEWS, doing business as Upton Processing, and James Matthews, doing business as Newcastle Pack, Appellant (Plaintiff), v. Robert E. FETZNER, individually, and Douglas Krogman, individually, Appellees (Defendants), Wyoming Department of Agriculture, John Orton, as Commissioner, Robert E. Fetzner, as Director, and Douglas Krogman, as Inspector (Defendants).

Supreme Court of Wyoming.

February 13, 1989.


Attorney(s) appearing for the Case

Gordon W. Schukei, Cheyenne, for appellant.

Steven R. Czoschke of Sheehan, Stevens, Edwards and Czoschke, Gillette, for appellees.

Before CARDINE, C.J., THOMAS, URBIGKIT and GOLDEN, JJ., and ROONEY, J., Retired.


CARDINE, Chief Justice.

The district court granted summary judgment holding appellees Dr. Robert Fetzner and Douglas Krogman immune from suit under the Wyoming Governmental Claims Act. Appellant James Matthews appeals claiming that the summary judgment was improperly granted because the controlling factual issue had been previously decided in his favor, was therefore res judicata, and precluded immunity for appellees.

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