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CUMMINGS v. STATE

No. S-08-0218.

218 P.3d 257 (2009)

2009 WY 130

Robert L. CUMMINGS, Petitioner, v. The STATE of Wyoming, Respondent.

Supreme Court of Wyoming.

October 23, 2009.

Attorney(s) appearing for the Case

Representing Petitioner: Julie Nye Tiedeken of McKellar, Tiedeken & Scoggin, LLC, Cheyenne, Wyoming.

Representing Respondent: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Leda M. Pojman, Senior Assistant Attorney General. Argument by Ms. Pojman.

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

GOLDEN, Justice.

[¶ 1] This case arises out of a motor vehicle accident that resulted in the death of Mary North. A Crook County Circuit Court jury found Petitioner Robert L. Cummings guilty of the traffic offense of improper passing for his role in the accident. Cummings was ordered to pay restitution, which included damages for wrongful death. Cummings appealed the propriety of the wrongful death restitution award to the district court. The district court vacated...

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