Statutes of Limitations (WYOMING)

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Personal Injury - 4 yrs. [W.S.§ 1-3-105]

Wrongful Death - 2 yrs. (from date of death) [W.S.§ 1-38-102]

Med Mal - 2 yrs. from act/omission (or 2 yrs. from discovery if Plaintiff can show that the act/omission were not reasonably discoverable within 2-yr period) [W.S.§ 1-3-107]

Property Damage - 4 yrs. [W.S.§ 1-3-105]

Written Contracts - 10 yrs. [W.S.§ 1-3-105]

Oral Contracts - 8 yrs. [W.S.§ 1-3-105]

Contract of Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [W.S.§ 34.1-2-725]

 

The statute of limitations is triggered when the claimant knows or has reason to know of the existence of a cause of action; that is, the statute begins to run when the claimant is chargeable with information which should lead him to believe he has a claim [Lieberman v. Mossbrook, 208 P.3d 1296 (Wyo. 2009).

 

 

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Statutes of Repose (WYOMING)

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Products - None

Construction of Real Property - 10 yrs. (may sue within 1 yr. after date of injury and the injury occurred during 9th year) [W.S.§ 1-3-111]

 

 

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Claims Against Public/Gov. Entities (NOTE: “Sovereign Immunity” Limitations May Apply) (WYOMING)

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Against All Entities - Preset claim within 2 yrs., Suit within 1 yr. after the claim was presented or Suit within 2 yrs. [W.S.1977 §§ 1-39-113; 1-39-114]

 

 

 

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Comparative Negligence (WYOMING)

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Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [W.S.§ 1-1-109]

 

 

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Made Whole Doctrine (WYOMING)

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No law available.

 

 

 

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Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (WYOMING)

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Product buyer may not recover in strict liability or negligence from seller for economic loss consisting of damage caused to product which itself failed [Continental Ins. v. Page Engineering Co., 783 P.2d 641 (Wyo. 1989)].  When Plaintiff has contracted to protect against economic liability caused by negligence of Defendant, there is no claim for negligent misrepresentation [Rissler & McMurry Co. v. Sheridan Area Water Supply Joint Powers Bd., 929 P.2d 1228 (Wyo. 1996)]

 

 

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Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (WYOMING)

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In Med Mal cases, Plaintiff must submit a claim for the consideration of the Medical Review Panel prior to filing a complaint [W.S. § 9-2-1519]

 

 

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Landlord/Tenant Subrogation (WYOMING)

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No law available.

 

 

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Reimbursement of Deductible(s) (WYOMING)

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Auto - Full reimbursement (if recovery obtained).  Property - No law available.

 

 

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MedPay and PIP (WYOMING)

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Med Pay - Subrogation allowed.  PIP - No subrogation allowed and/or such coverage available.

 

 

 

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Liability of Parents (WYOMING)

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$2,000 (+ costs) for malicious and willful acts [W.S.1977 § 14-2-203]

 

 

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Joint Liability (WYOMING)

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Several liability(Plaintiff can recover from each Defendant only that Defendant’s share liability) [W.S. § 1-1-109]

 

 

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Independent Cause of Action for Evidence Spoliation (WYOMING)

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Wyoming does not recognize independent tort claims for spoliation of evidence [Coletti v. Cudd Pressure Control, 165 F.3d 767 (10th Cir. 1999)]

 

 

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Conflicts of Law (WYOMING)

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Torts - Courts will apply laws of the state where the tort or wrong was committed [Archuleta v. Valencia, 871 P.2d 198 (Wyo. 1994)].  Contracts - Court will analyze: (1) place of execution; (2) place of delivery; (3) place of performance; (4) place of negotiation; (5) place of breach; and (6) place where the subject matter of the contract is located [BHP Petroleum v. Texaco Exploration & Prod., 1 P.3d 1253 (Wyo. 2000)]