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NATRONA COUNTY v. BLAKE

No. 02-210.

81 P.3d 948 (2003)

2003 WY 170

NATRONA COUNTY, Wyoming; Board of County Commissioners of Natrona County, Wyoming; Office of Natrona County Sheriff; and Mark Benton, in his Official Capacity as Natrona County Sheriff, Petitioners, v. Jeffrey A. BLAKE, as Personal Representative of the Estate of Daniel O'Brien, Deceased, Respondent.

Supreme Court of Wyoming.

December 31, 2003.

Attorney(s) appearing for the Case

Representing Petitioners: Hoke MacMillan, Wyoming Attorney General; Jay A. Jerde, Senior Assistant Attorney General; and Rick L. Koehmstedt of Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming. Argument by Messrs. Koehmstedt and Jerde.

Representing Respondent: James E. Fitzgerald of The Fitzgerald Law Firm; and Donald J. Sullivan of Sullivan Law Offices, P.C., Cheyenne, Wyoming. Argument by Mr. Fitzgerald.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

HILL, Chief Justice.

[¶ 1] Petitioners, who we will refer to collectively as Natrona County, challenge the district court's order denying their motion to dismiss the wrongful death action filed by Respondent, Jeffery A. Blake (Blake), who is the personal representative of the estate of Daniel O'Brien (O'Brien). On or about September 12, 1999, O'Brien was murdered in Denver, Colorado, by an inmate, Samuel Graumann (Graumann), who escaped from the Natrona County...

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