Worden v. Village Homes
Annotate this Case
Worden v. Village Homes
1991 WY 154
821 P.2d 1291
Case Number: 91-25
Decided: 12/03/1991
Supreme Court of Wyoming
Cite as: 1991 WY 154, Wyo., 821 P.2d 1291
BERNICE NORSKOG WORDEN, APPELLANT (PLAINTIFF),
v.
VILLAGE HOMES, A
PARTNERSHIP, J.B. HENDRIX, DONALD R. CARROLL, WILLIAM RAWLINGS, JOHN A. CARROLL,
AND THE CITY OF SHERIDAN, WYOMING, A MUNICIPAL CORPORATION, APPELLEES
(DEFENDANTS).
Appeal from the
District Court, Sheridan County, Elizabeth Kail,
J.
Micheal K. Shoumaker,
argued, Sheridan, for appellant.
Stephenson D. Emery,
argued, of Williams, Porter, Day & Neville, Casper, for appellee Village
Homes.
Robert W. Brown, argued,
of Lonabaugh and Riggs, Sheridan, for City of Sheridan.
Before URBIGKIT,
C.J., THOMAS, CARDINE and GOLDEN, JJ., and RAPER, J.,
Retired.
CARDINE,
Justice.
[¶1.] This was an action in
which appellant, Bernice Worden, sought to recover claimed damages to her more
than ten-year-old dwelling house resulting from a construction defect of
appellee, Village Homes, which defect appellee, City of Sheridan Building
Inspector, failed to detect and prevent. Summary judgment
was entered in favor of appellees based on the statute of repose barring an
action against Village Homes and on the immunity of the
City.
[¶2.] We
affirm.
[¶3.] Worden states the
issues as:
"I. Is Wyoming
Statute 1-3-111 unconstitutional?
"II. Is the City of
Sheridan immune
from suit for its building inspector's negligence under the Governmental Claims
Act?"
[¶4.] In 1977, Village Homes
constructed the Bernice Worden house in Sheridan, Wyoming. Construction was completed by June
14, 1977, and a warranty deed for the house was issued to the original
purchasers on July 8, 1977. Worden purchased the house in September 1986. On
June 4, 1988, a water pipe broke in the basement. The cause of the break,
according to an engineering report issued on September 6, 1988, was that the
soil on which the foundation sits was unsuitable, improperly compacted, and the
foundation footings were not below the frost line.
[¶5.] Worden brought suit on
April 3, 1990, against Village Homes for negligence and violating an implied
warranty of habitability, and against the City of Sheridan for negligently inspecting the
foundation. The suit asked for $20,000 in damages.
[¶6.] Village Homes and the
City of Sheridan
both moved for summary judgment. Village Homes argued that W.S. 1-3-111 barred
Worden's action since it was brought more than ten years after the house was
substantially completed. See W.S. 1-3-110. Wyoming Statute 1-3-111
states:
"(a) Unless the
parties to the contract agree otherwise, no action to recover damages, whether
in tort, contract, indemnity or otherwise, shall be brought more than ten (10)
years after substantial completion of an improvement to real property, against
any person constructing, altering or repairing the improvement, manufacturing or
furnishing materials incorporated in the improvement, or performing or
furnishing services in the design, planning, surveying, supervision, observation
or management of construction, or administration of construction contracts
for:
"(i) Any deficiency
in the design, planning, supervision, construction, surveying, manufacturing or
supplying of materials or observation or management of
construction;
"(ii) Injury to any
property arising out of any deficiency listed in paragraph (i) of this
subsection; or
"(iii) Injury to the
person or wrongful death arising out of any deficiency listed in paragraph (i)
of this subsection.
"(b) Notwithstanding
the provisions of subsection (a) of this section, if an injury to property or
person or an injury causing wrongful death occurs during the ninth year after
substantial completion of the improvement to real property, an action to recover
damages for the injury or wrongful death may be brought within one (1) year
after the date on which the injury occurs."
Worden responded by
arguing that W.S. 1-3-111 was unconstitutional. We had found a different version
of this statute unconstitutional in 1980. Phillips v. ABC Builders, Inc., 611 P.2d 821 (Wyo.
1980).
[¶7.] The City of Sheridan argued that it
was immune because Worden's claim was not one of those for which it was liable
under the Wyoming Governmental Claims Act, W.S. 1-39-101 through -120. The City
maintained that none of the enumerated waivers of immunity covered Worden's
claim nor did the City maintain insurance coverage which would extend liability
for her claim pursuant to W.S. 1-39-118. Worden responded by contending that the
Wyoming Governmental Claims Act waived immunity for her claim under W.S.
1-39-108(a), which provided liability for damages caused
"by the negligence of
public employees while acting within the scope of their duties in the
operation of public utilities and services, including gas, electricity,
water, solid or liquid waste collection or disposal, heating and ground
transportation." (emphasis added)
[¶8.] The trial court found
that there was no issue of material fact and granted summary judgment in favor
of both defendants. The court held that W.S. 1-3-111 applied to the cause of
action against Village Homes and that it was constitutional. It also found the
City possessed immunity from this claim under the Wyoming Governmental Claims
Act.
[¶9.]&
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
