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April 21, 2021

eBook details

Title: Smith v. Throckmartin
Author : Supreme Court of the United States
Release Date : January 12, 1995
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

The question here is the existence of a genuine issue of material fact with respect to culpable negligence on the part of a "co-employee" which would prevent summary judgment in favor of the defendant. Jeffrey L. Smith and Elaine D.R. Smith (Smiths) sued Paul Throckmartin (Throckmartin), a supervisory co-employee, seeking recovery for personal injuries and loss of consortium, contending Throckmartin was culpably negligent. The district court ruled the Smiths had failed to demonstrate Throckmartin intentionally and unreasonably acted in disregard of a known or obvious risk in a way to make it highly probable harm would follow. Following Baros v. Wells, 780 P.2d 341 (Wyo. 1989), the court granted a summary judgment in favor of Throckmartin. Our examination of the record discloses, other than the contention a jury might infer culpable negligence, there is no factual demonstration on the part of Smith that satisfies the culpable negligence rule. We hold the case is not distinguishable from Baros, and the judgment of the district court is affirmed. - Page 713

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