Difelici v. City of LanderAnnotate this Case
After stepping into a hole drilled in the gutter of a street in the City of Lander, Appellant fell, injuring her hip and back. Appellant sued the City, claiming (1) the City was negligent in the operation of a public utility or service, and (2) she was entitled to recover under Wyo. Stat. 15-4-307, which renders cities and towns liable for injuries resulting from excavations or obstructions that make streets or sidewalks unsafe. The Supreme Court affirmed, holding (1) Appellant's negligence claim was barred both by the absence of an applicable exception to immunity and a specific statutory immunity; and (2) section 15-4-307 does not create a cause of action based on the negligence of public employees of cities and towns for excavations or obstructions of streets.