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DOWNTOWN AUTO PARTS, INC. v. TONER

No. 03-176.

91 P.3d 917 (2004)

2004 WY 67

DOWNTOWN AUTO PARTS, INC.; and Marie K. Nelson, a/k/a/ Katie Nelson, Appellants (Defendants), v. Rachel N. TONER, Appellee (Plaintiff).

Supreme Court of Wyoming.

June 15, 2004.

Attorney(s) appearing for the Case

Representing Appellants: Peter K. Michael, Cheyenne, Wyoming.

Representing Appellee: Jay A. Gilbertz of Yonkee & Toner, LLP, Sheridan, Wyoming.

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

GOLDEN, Justice.

[¶ 1] The sole issue presented is whether the trial court properly relied on ordinary negligence principles to determine the existence of duty in this vehicle and pedestrian collision case. The employee driver, Marie K. Nelson (Nelson), for Appellant Downtown Auto Parts, Inc., (Downtown) struck and injured Rachel N. Toner (Toner) as she attempted to cross a street. Following a bench trial, the trial court applied comparative fault principles...

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