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MILLS v. REYNOLDS

Nos. 89-193, 89-195.

807 P.2d 383 (1991)

Timothy L. MILLS, Appellant (Plaintiff), v. Guy REYNOLDS and Sid Marks, Appellees (Defendants). Levi Harry BUNKER, Appellant (Plaintiff), v. Jim NIGGEMYER, Appellee (Defendant).

Supreme Court of Wyoming.

Rehearing Granted May 6, 1991.

Attorney(s) appearing for the Case

Gary L. Shockey and Phillip White, Spence, Moriarity & Schuster, Jackson, for appellants.

William S. Bon, Schwartz, Bon, McCrary & Walker, Casper, for appellees Reynolds and Marks.

Patrick J. Murphy, Williams, Porter, Day & Neville, P.C., Casper, and John T. Pappas, Western Law Associates, P.C., Lander, for appellee Niggemyer.

Rodger McDaniel, McDaniel & Tiedeken Law Offices, Cheyenne, for amicus curiae, Wyoming AFL-CIO.

Robert W. Tiedeken, McDaniel & Tiedeken Law Offices, and George Santini, Graves, Santini & Villemez, P.C., Cheyenne, for amicus curiae, Wyoming Trial Lawyers Ass'n.

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

Patrick R. Day, Holland & Hart, Cheyenne, for amici curiae Rocky Mountain Oil and Gas Ass'n, Wyoming Mining Ass'n, Wyoming Trucking Ass'n, Inc., and Associated Gen. Contractors of Wyoming, Inc.

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

THOMAS, Justice.

The primary question that must be resolved in this case is whether Wyo. Const. art. 10, § 4 forecloses the legislature from extending the immunity of employers to co-employees acting within the scope of their employment. Stated another way, is the legislature foreclosed by the constitution from eliminating a cause of action that had been earlier recognized in the law? In addition to challenging the authority...

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