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KRENNING v. HEART MOUNTAIN IRR. DIST.

No. S-07-0271.

200 P.3d 774 (2009)

2009 WY 11

Steven M. KRENNING and Joyce C. Krenning, husband and wife, Appellants (Plaintiffs), v. HEART MOUNTAIN IRRIGATION DISTRICT and James Flowers, Appellees (Defendants), and The State of Wyoming, Appellee (Intervenor).

Supreme Court of Wyoming.

January 29, 2009.

Attorney(s) appearing for the Case

Representing Appellants: Larry B. Jones and William L. Simpson, Burg, Simpson, Eldredge, Hersh & Jardine, PC, Cody, Wyoming; Michael S. Messenger, Messenger & Jurovich, PC, Thermopolis, Wyoming; Thomas W. Redmon, Redmon Law Offices, Casper, Wyoming. Argument by Mr. Jones.

Representing Appellee, Heart Mountain Irrigation District: Jay A. Gilbertz, Yonkee & Toner, LLP, Sheridan, Wyoming.

Representing Appellee, James Flowers: Jason A. Neville and Lori L. Gorseth, Williams, Porter, Day & Neville, PC, Casper, Wyoming. Argument by Mr. Neville.

Representing Appellee, State of Wyoming: Bruce A. Salzburg, Attorney General; Elizabeth C. Gagen, Chief Deputy Attorney General; Martin L. Hardsocg, Senior Assistant Attorney General; Bridget L. Hill, Senior Assistant Attorney General. Argument by Ms. Gagen.

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

BURKE, Justice.

[¶ 1] Steven and Joyce Krenning brought suit against the Heart Mountain Irrigation District and its employee, James Flowers, seeking recovery for personal injuries Mr. Krenning suffered in an altercation with Mr. Flowers. The district court ruled that the Irrigation District and Mr. Flowers were immune from liability pursuant to the Wyoming Governmental Claims Act (WGCA), and granted summary judgment in their favor. Mr. and Mrs. Krenning challenge...

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