Knight v. Estate of McCoy
Annotate this CaseJerome Knight, who was employed by M&M Welding Services, LLC, and his supervisor, Victory McCoy, who was one of the owners of M&M, were killed in an automobile accident. McCoy was driving the vehicle when the accident occurred. Plaintiff, as Decedent’s personal representative, filed a wrongful death action against the McCoy Estate and M&M. The district court granted summary judgment as to claims against M&M on grounds of employer immunity under the Wyoming Worker’s Compensation Act. The court then granted summary judgment in favor of the McCoy Estate on grounds of defective service of process, lack of personal jurisdiction, and expiration of the statute of limitations. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) correctly concluded that M&M’s employer immunity under the Wyoming Worker’s Compensation Act barred Plaintiff’s wrongful death action against M&M; but (2) erred in determining that Plaintiff’s action against the McCoy Estate was barred by the statute of limitations.
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