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FETZER, v. J.D. DAYLEY & SONS, INC.

Nos. 03-155, 03-156.

91 P.3d 152 (2004)

2004 WY 64

Rose FETZER and Raymond P. Fetzer, Appellants (Plaintiffs), v. J.D. DAYLEY & SONS, INC., Appellee (Defendant). J.D. Dayley & Sons, Inc., Appellants (Defendant), v. Rose Fetzer and Raymond P. Fetzer, Appellees (Plaintiffs).

Supreme Court of Wyoming.

June 7, 2004.

Attorney(s) appearing for the Case

Representing Appellants Rose Fetzer and Raymond P. Fetzer: Ronald P. Jurovich of Thermopolis, Wyoming; and Randy L. Royal of Greybull, Wyoming. Argument by Mr. Jurovich.

Representing Appellee J.D. Dayley & Sons, Inc.: Laurence W. Stinson of Bonner Stinson, P.C., Powell, Wyoming; and John R. Goodell of Racine, Olson, Nye, Budge & Bailey, Pocatello, Idaho. Argument by Messrs. Stinson and Goodell.

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

HILL, Chief Justice.

[¶ 1] Rose Fetzer (Fetzer) and her husband, Raymond, filed a claim of negligence against J.D. Dayley & Sons, Inc. (Dayley) seeking damages for personal injuries suffered by Fetzer when she stepped into a hole that had been drilled to locate utility lines. In Case Number 03-155, they appeal an order of the district court that prohibited them from introducing portions of their treating orthopedic surgeon's proffered expert testimony regarding...

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