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SCHAUB v. WILSON

Nos. 96-159, 96-268.

969 P.2d 552 (1998)

Karen L. SCHAUB, Appellant (Plaintiff), v. Michael A. WILSON, Appellee (Defendant). (Two cases)

Supreme Court of Wyoming.

December 21, 1998.

Attorney(s) appearing for the Case

Eric M. Alden, Wheatland, Wyoming, for Appellant.

Peter S. Dusbabek of Montgomery, Kolodny, Amatuzio, Dusbabek & Parker, L.L.P., Ft. Collins, Colorado, for Appellee.

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

THOMAS, Justice.

The major issue to be resolved in this case addresses the scope of the hearing on damages conducted by the trial court pursuant to W.R.C.P. 55(b)(2) in a personal injury action after the entry of default pursuant to W.R.C.P. 55(a). Collateral issues are raised concerning the burden of proof of pre-existing conditions and the validity of the findings of fact made by the trial court. After conducting the hearing on damages, the trial court ruled that...

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