SELLERS v. DOOLEY OIL TRANSPORT

No. 00-112.

22 P.3d 307 (2001)

2001 WY 44

David SELLERS and Melonie Sellers, Appellants (Plaintiffs), v. DOOLEY OIL TRANSPORT and Gerald D. Hanson, Appellees (Defendants).

Supreme Court of Wyoming.

May 8, 2001.


Attorney(s) appearing for the Case

Representing Appellant: Carol K. Watson and Bernard Q. Phelan of Phelan Watson Law Office, Cheyenne, WY. Argument by Ms. Watson.

Representing Appellee: W. Henry Combs, III, of Murane & Bostwick, LLC, Casper, WY.

Before LEHMAN, C.J., GOLDEN, KITE, JJ, and DAN SPANGLER, District Judge (Retired).


GOLDEN, Justice.

[¶ 1] This appeal stems from a jury verdict in an automobile accident liability case. The sole issue is the propriety of a certain given jury instruction. The jury instruction was based upon Wyo. Stat. Ann. § 31-5-207 (Lexis 1999). We hold that the trial court's instructing on Wyo. Stat. Ann. § 31-5-207 under the facts of this case constituted prejudicial error and, therefore, reverse and remand for a new trial.

ISSUE

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