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★ Wyoming · head & brain

Head & brain settlements
in Wyoming.

By Reviewed by Abd Shanti, Founder9 min read

Five year old Taylor Lysager was at a community basketball game in a former Etna school when an unsecured lunchroom bench fell on him, causing a fatal head injury; the Supreme Court revived the claim against the school district. A seven year old in Rock Springs slipped on ice and struck his head on a drainage pipe laid across a school walkway, and his brain injury claim failed.

Facts that decide a head & brain claim in Wyoming

When a jury must decideIf reasonable minds could differ on breach and cause, summary judgment is improper, even on undisputed facts.Amos v. Lincoln County School District No. 2 (Wyo. 2015)
Proof of how the fall happenedA child’s uncertain account of where and how he fell did not create a triable claim against the school district.Miller v. Sweetwater County School District No. 1 (Wyo. 2021)
Fatal head injuriesWhen a head injury is fatal, a wrongful death personal representative brings the claim, as Taylor Lysager’s did against the district, town and county.Amos v. Lincoln County School District No. 2 (Wyo. 2015)
★ WY · reported head & brain outcomes

What Wyoming courts have awarded.

Real Wyoming decisions and verdicts, each linked to the court record or official report.

  • Wyoming Supreme Court · 2015
    Summary judgment reversed

    The school district stopped using the Metcalf School in Etna in 2008, and a community group sought to turn it into a community center. During a community basketball game there, an unsecured lunchroom bench fell on five year old Taylor Lysager, causing a fatal head injury. The court held reasonable minds might differ on breach and cause, and reversed judgment for the district.

  • Wyoming Supreme Court · 2021
    Summary judgment affirmed

    On January 9, 2017, staff at Lincoln Elementary in Rock Springs laid six inch PVC pipes across a walkway to carry away water that was freezing. The next day seven year old Gabriel Miller, running back from recess, slipped on ice and struck his head on a pipe. A nurse sent him back to class. He claimed a traumatic brain injury; judgment for the district was affirmed.

★ WY · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Wyoming.

  1. 1

    Get a medical evaluation after any head blow to a child, even if the school nurse clears them.

  2. 2

    Photograph the scene quickly; conditions like ice change within hours.

  3. 3

    Identify who controlled the building; ownership of the Etna school was central in Amos.

★ WY · statute of limitations
4 years from date of injury

Wyo. Stat. § 1-3-105

★ WY · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Wyoming's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Wyoming · you are hereModified comparative, 51% bar4 years from date of injury—
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · head & brain →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · head & brain →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · head & brain →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · head & brain →
IdahoModified comparative, 50% bar2 years from date of injuryID · head & brain →
MontanaModified comparative, 51% bar3 years from date of injuryMT · head & brain →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · head & brain →
DelawareModified comparative, 51% bar2 years from date of injuryDE · head & brain →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · head & brain →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · head & brain →
AlabamaPure contributory negligence2 years from date of injuryAL · head & brain →
ArizonaPure comparative negligence2 years from date of injuryAZ · head & brain →
★ WY · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Wyoming. See /methodology, /sources, and /disclaimer.