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SMITH v. THROCKMARTIN

No. 94-21.

893 P.2d 712 (1995)

Jeffrey L. SMITH and Elaine D.R. Smith, Appellants (Plaintiffs), v. Paul THROCKMARTIN, Appellee (Defendant).

Supreme Court of Wyoming.

April 12, 1995.

Attorney(s) appearing for the Case

Robert W. Horn of Robert W. Horn, P.C., and Steven D. Olmstead, Jackson, for appellants.

Stephenson D. Emery of Williams, Porter, Day & Neville, P.C., Casper, for appellee.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

THOMAS, Justice.

The question here is the existence of a genuine issue of material fact with respect to culpable negligence on the part of a "co-employee" which would prevent summary judgment in favor of the defendant. Jeffrey L. Smith and Elaine D.R. Smith (Smiths) sued Paul Throckmartin (Throckmartin), a supervisory co-employee, seeking recovery for personal injuries and loss of consortium, contending Throckmartin was culpably negligent. The district court ruled...

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