WERNER ENTERPRISES, INC. v. BROPHY

Nos. S-08-0271, S-08-0272.

218 P.3d 948 (2009)

2009 WY 132

WERNER ENTERPRISES, INC., a Nebraska corporation, and Cheryl R. Neal, Appellants (Defendants), v. Peter D. BROPHY, by his guardian and conservator, Kate Brophy, and Kate Brophy, individually, Appellees (Plaintiffs). Peter D. Brophy, by his guardian and conservator, Kate Brophy, and Kate Brophy, individually, Appellants (Plaintiffs), v. Werner Enterprises, Inc., a Nebraska corporation, and Cheryl R. Neal, Appellees (Defendants).

Supreme Court of Wyoming.

November 3, 2009.


Attorney(s) appearing for the Case

Representing Appellants in Case No. 08-0271: Patrick J. Murphy, Jason A. Neville, Ryan Schwartz of Williams, Porter, Day & Neville, P.C., Casper, Wyoming; Curtis B. Buchhammer of Buchhammer & Kehl, P.C., Cheyenne, Wyoming. Argument by Mr. Murphy.

Representing Appellees in Case No. 08-0271: Gary J. Ceriani, Valeri S. Pappas of Davis & Ceriani, P.C., Denver, Colorado; L. Eric Lundgren of Lundgren Law Offices, P.C., Cheyenne, Wyoming. Argument by Mr. Ceriani.

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


KITE, Justice.

[¶ 1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophy's vehicle and a semi-truck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.

[¶ 2] In their appeal, Werner and Ms. Neal contend the...

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