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ROUSH v. PARI-MUTUEL COM'N

No. 95-133.

917 P.2d 1133 (1996)

Charles C. ROUSH, Appellant (Plaintiff), v. The PARI-MUTUEL COMMISSION OF the STATE OF WYOMING and its Commissioners, Agents and Servants, Alice Beasley, Virginia Merritt, Bev Pridgeon, Ken Griggs, and James Purdy, Appellees (Defendants).

Supreme Court of Wyoming.

May 29, 1996.

Attorney(s) appearing for the Case

Franklin D. Bayless of Bayless, Slater & Macy, P.C., Cheyenne, Paul Thomas Glause, Rock Springs, for appellant.

William U. Hill, Attorney General; Barbara L. Boyer, Senior Assistant Attorney General; and Dennis Coll, Senior Assistant Attorney General, Cheyenne, for appellees.

Before GOLDEN, C.J., THOMAS and LEHMAN, JJ., and GUTHRIE and STEBNER, District Judges.

THOMAS, Justice.

The issues in this case are the progeny of the absolute insurer rule found in the rules of the Wyoming Pari-Mutuel Commission (Commission). Charles C. Roush (Roush) was fined by the Commission, the winner's purse was forfeited, and his racing license was suspended because a horse he raced tested positive for an illegal drug, methylphenidate. The primary issue is whether the absolute insurer rule can be invoked by the Commission because of a failure...

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