HAMLIN v. TRANSCON LINES

Nos. 83-221, 83-222.

697 P.2d 606 (1985)

Marilyn A. HAMLIN, individually and as Administratrix of the Estate of Calvin Harold Hamlin, deceased, Appellant (Plaintiff), v. TRANSCON LINES; Russel N. Holmes; Raymond E. Befus, in his capacity as Administrator of the Estate of Gerald A. Befus, deceased; and the State of Wyoming, Appellees (Defendants). Raymond E. BEFUS, in his capacity as Administrator of the Estate of Gerald A. Befus, deceased, Appellant (Defendant), v. TRANSCON LINES; Russel N. Holmes; the State of Wyoming, Appellees (Defendants), v. Marilyn A. HAMLIN, individually and as Administratrix of the Estate of Calvin Harold Hamlin, deceased, Appellee (Plaintiff).

Supreme Court of Wyoming.

Rehearing Denied June 18, 1985.


Attorney(s) appearing for the Case

Donald J. Sullivan, Cheyenne, for Marilyn A. Hamlin.

Richard Wolf, Cheyenne, for Raymond E. Befus.

Glenn A. Hottenstein of Guy, Williams, White & Argeris, Cheyenne, for Transcon Lines and Russel N. Holmes.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Senior Asst. Atty. Gen., and Terry J. Harris, Asst. Atty. Gen., Cheyenne, for the State of Wyo.

Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ.


ROSE, Justice.

Prior to their accident, Hamlin and Befus were State of Wyoming employees whose sovereign immunity from suit had been removed by § 1-39-105, W.S. 1977, 1984 Cum. Supp.,1 of the Wyoming Governmental Claims Act, §§ 1-39-101 through 1-39-119, W.S. 1977, 1984 Cum.Supp., and both of them were covered by, and their heirs are receiving, worker's compensation. By reason of the culpable negligence of Befus, both of...

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