Hugus v. Reeder
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The Supreme Court reversed the judgment of the district court dismissing this personal injury lawsuit as untimely, holding that the district court erred in ruling that Wyo. Stat. Ann. 1-3-118 did not apply to Plaintiff's voluntary dismissal.
On October 20, 2013, Plaintiff brought this lawsuit against Defendant seeking damages for his injuries incurred in an accident with Defendant. On November 1, 2019, Plaintiff filed a motion to dismiss the case without prejudice, which the trial court granted. On July 22, 2020, Plaintiff filed a new complaint. Defendant filed a motion to dismiss, arguing that the new action was outside the four-year statute of limitations under Wyo. Stat. Ann. 1-3-105(a)(iv)(C) and that the claims were untimely under section 1-3-118. The district court granted the motion to dismiss. The Supreme Court reversed, holding that dismissal was not warranted because section 1-3-118 does not limit its application to dismissals initiated by an opposing party or sua sponte dismissals.
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