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KEEHN v. TOWN OF TORRINGTON

No. 91-232.

834 P.2d 112 (1992)

Sheri KEEHN, as personal representative of Brent Keehn, Deceased, and on behalf of Jake Wayne Keehn, Shanda Lynn Keehn, Budd Gittens, Max Gittens, Billie Jones, Doug Keehn, Richard Keehn, and Georgia Keehn, and Rhonda Slagowski Birch, as personal representative of Kirt Slagowski, Deceased, and on behalf of Sierra Deanne Slagowski, Rick Slagowski, Delores Slagowski, Roger Slagowski, Danny Slagowski, Connie Staker, Pat Defa, Wendy Slagowski, Laura Russell, Diane Harris, and Lorraine Hansen, Appellants (Plaintiffs), v. The TOWN OF TORRINGTON, Wyoming, Torrington Police Department, and Patrolman Brad Schuppan, Appellees (Defendants).

Supreme Court of Wyoming.

July 14, 1992.

Attorney(s) appearing for the Case

Richard J. Mulligan of Fix & Mulligan, Jackson, for appellants.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Dennis M. Coll, Senior Asst. Atty. Gen., Cheyenne, for appellee Brad Schuppan.

Alan B. Minier of Hirst & Applegate, P.C., Cheyenne, for appellee Town of Torrington.

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

GOLDEN, Justice.

Appellants, personal representatives for the estates of Brent Keehn and Kirt Slagowski, appeal from a district court order which granted to the town of Torrington and to Officer Brad Schuppan their motions for summary judgment in joint wrongful death actions. Two issues are contested by the parties on appeal: (1) Whether, under the circumstances of this case, an issue of material fact exists as to whether Officer Schuppan breached his duty to apprehend...

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