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FISCUS v. ATLANTIC RICHFIELD

No. 88-218.

773 P.2d 158 (1989)

Sharon E. FISCUS and Dewayne Wuestenberg, Appellants (Plaintiffs), v. ATLANTIC RICHFIELD, a Delaware corporation, formerly a Pennsylvania corporation, Appellee (Defendant).

Supreme Court of Wyoming.

Petition for Reargument and Rehearing Denied June 27, 1989.

Attorney(s) appearing for the Case

J. Douglas McCalla, Spence, Moriarity & Schuster, Jackson, for appellants.

Patrick R. Day, Holland & Hart, Cheyenne, Jane Michaels, Geraldine A. Brimmer, and Russell S. Jones, Denver, Colo., for appellee.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

THOMAS, Justice.

Our task in this case is to ascertain whether there exists any genuine issue of material fact which would prevent the entry of summary judgment against Sharon E. Fiscus and DeWayne Wuestenberg (Appellants) in their action to recover damages for injuries to Fiscus. They contend that Atlantic Richfield Company (ARCO) assumed affirmative duties with respect to safety at the Black Thunder Mine where Fiscus worked and that it owned the piece of heavy equipment...

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