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RODABAUGH v. ROSS

No. 89-184.

807 P.2d 380 (1991)

Andrea M. RODABAUGH, as Personal Representative of the Estate of Douglas Paul Rodabaugh, Petitioner (Plaintiff), v. Charles ROSS and Rupert Romero, Respondents (Defendants).

Supreme Court of Wyoming.

March 11, 1991.

Attorney(s) appearing for the Case

Mark J. White, White, White, Keenan & Roberts, P.C., Riverton, and Robert R. Rose, Jr., and Robert R. Rose, III, Spence, Moriarity & Schuster, Cheyenne, for petitioner.

Frederick J. Harrison, Rawlins, for respondent Ross.

Joseph B. Meyer, Atty. Gen., Ron Arnold, Sr. Asst. Atty. Gen., Larry M. Donovan, Asst. Atty. Gen., for amicus curiae, State of Wyo.

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

THOMAS, Justice.

The question sought to be raised in this case by virtue of the certification of a constitutional question pursuant to § 1-13-101, W.S. 1977 (June 1988 Repl.),1 and Rule 52(c), W.R.C.P., is whether Wyo. Const. art. 10, § 4, forecloses the extension of immunity to a co-employee pursuant to § 27-14-104(a), W.S. 1977 (June 1987 Repl.). The essence of the Petitioner-Plaintiff's position is that this extension...

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