Amos v. Lincoln County Sch. Dist. No. 2Annotate this Case
Taylor Lysager, who was five years old, was attending a community basketball game at a former school building in Etna, Wyoming when lunchroom bench propped against the wall fell on him, causing a fatal skull fracture. Lysager’s personal representative filed a wrongful death action against Lincoln County School District No. 2 (School District), the Town of Thayne, and the Lincoln County Board of County Commissioners (Lincoln County). Lincoln County filed an affidavit of noninvolvement in lieu of an answer, and the district court dismissed Lincoln County from the action without prejudice based on the affidavit of noninvolvement. The School District filed a motion for summary judgment arguing that it did not breach its duty of care and that its actions were not the proximate cause of Lysager’s injuries. The court entered summary judgment for the School District. Plaintiff appealed both orders. The Supreme Court (1) dismissed the appeal of the district court’s order dismissing the complaint against Lincoln County, holding that the order was not a final appealable order; and (2) reversed the entry of summary judgment for the School District, holding that while the material facts are largely undisputed, reasonable minds could differ in answering the questions of proximate and intervening cause.