Related Topics ► Other TopicsWyoming Mesothelioma Lawyer and Legal Informations
The courts of Wyoming follow a modified comparative negligence - 51% rule in determining whether to award damages to a plaintiff. Under the Wyoming modification, a plaintiff may recover damages as long as a judge or jury determines that their share of fault in causing the injury is 50% or less. If the plaintiff is determined to be 51% or greater at fault in their injury, the plaintiff recovers no damages. If the plaintiff is less than 51% liable for their own injury, the damages are reduced in proportion to their percentage of the fault. Thus, if a jury finds that the plaintiff is 15% at fault in their own injury and the damages amount to $100,000, the plaintiff can recover $85,000.
In cases that involve more than one defendant, Wyoming courts follow a pure several liability approach in apportioning a damage award among the defendants. Under pure several liability, each defendant is only liable for the amount of damages proportionate to their share of the fault. There is no provision for joint and several liability under any circumstances.
In cases where there are actual damages, Wyoming law allows for punitive damages if the plaintiff proves that the defendant acted with willful and wanton conduct.
Wyoming Asbestos Litigation
2005 - Popick v. State of Wyoming Workers Safety and Compensation Division: In a case hinging on filing a timely claim for workers' compensation, the Wyoming Supreme Court upheld a lower court's decision on appeal denying benefits to a man who was told in 2001 that he should see a lung specialist to determine whether the injuries to his lungs were due to asbestos exposure. The Supreme Court upheld the decision because, while Popick filed three separate notifications to his former employer of his recently discovered injury, he did not file a claim for benefits until more than 18 months after his original diagnosis. Thus, his claim was made too late to qualify for benefits.
1998 - Covington v. W.R. Grace- Conn: W.R. Grace & Co. is an experienced asbestos defendant with knowledge of the many defenses against asbestos lawsuits. In 1998, Grace moved for a summary judgment dismissing the case of a pipefitter who worked at an oil refinery. Part of Covington's job was removing and replacing asbestos insulation made by W.R. Grace from around boilers and pipes in various areas of the plaint. Grace requested a summary dismissal on the basis that the replacement of insulation constituted a "real estate improvement," and as such, they were protected against lawsuits by the real estate improvements statute of repose. A statute of repose is an absolute outside limit under which lawsuits can be brought. The real estate statute of repose states that no actions can be brought for injuries arising from real estate improvements if more than 10 years have passed since the improvement was made. The trial court dismissed W.R. Grace from the suit on that basis, but the Supreme Court of Wyoming disagreed that regular maintenance constitutes real estate improvements and reversed the decision.
State Index
- Preventing Mesothelioma Through Proper Removal of Asbestos
2009-01-08 16:49:32
For those that have asbestos-containing materials in their home and wish to have them removed, choosing to hire a certified asbestos abatement contractor to perform the work is the safest available op ...Read More
- New Synthetic Drug Gives Hope to Mesothelioma Patients
2009-01-08 15:45:13
A synthetic version of a molecule found in the egg cells of the Northern leopard frog may provide the world with the first drug treatment for various malignant tumors. Scientists from the United St ...Read More - Mesothelioma Continuing to Make an Impact on Shipyard Industry
2009-01-07 14:37:02
Shipyard workers and shipbuilders were routinely exposed to asbestos-containing materials from the beginning of World War II through the 1980s. At the time, asbestos was thought to be an ideal materia ...Read More
Get an Asbestos Awareness Wristband. Read More
| Asbestos.com now offers free assistance with your VA Claims. Read More |  |
 | Mesothelioma Book |
Get a Free Copy of Lean on Me - Cancer Through a Carer's Eyes. Read More
Learn about asbestos exposure and legal options in your area. Read More
