ANDERSON HIGHWAY SIGNS & SUPPLY v. CLOSE

No. 98-334.

6 P.3d 123 (2000)

ANDERSON HIGHWAY SIGNS AND SUPPLY, INC., Appellant (Defendant), v. Marion CLOSE and Rollie Close, Appellees (Plaintiffs).

Supreme Court of Wyoming.

May 4, 2000.


Attorney(s) appearing for the Case

Representing Appellant: Daniel M. Fowler of Fowler, Schimberg & Flanagan, P.C., Denver, CO. Argument by Mr. Fowler.

Representing Appellees: David G. Lewis, Jackson, WY. Argument by Mr. Lewis.

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


LEHMAN, Chief Justice.

The only question in this case is whether, pursuant to Wyo. Stat. Ann. § 1-1-109 (amended 1986), a defendant found to be fifty percent at fault is responsible for all or only his proportionate share of damages in a case in which the plaintiffs were found to be free from negligence. The trial court concluded that, in the absence of negligence by the plaintiffs, the defendant was subject to the joint and several liability rule. We are satisfied...

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