Wyoming Supreme Court

“pony” Duke, Appellant (defendant Below) v. Margaret Housen, Appellee (plaintiff Below)

January 12, 19791979 Wyo. LEXIS 343

Summary

The court held that the plaintiff's action for negligent transmission of gonorrhea was barred by Wyoming's borrowing statute because the cause of action arose outside Wyoming and was time-barred under the law of the jurisdiction where it arose. The court concluded that the cause accrued no later than the plaintiff's final exposure in New York, when the infection invaded her body, and that later-discovered adhesions and additional damages did not create a new cause of action. Justice Thomas concurred on the ground that the District of Columbia was the place of injury and its three-year discovery-based limitations period barred the claim; Justice McClintock, dissenting, would have found the place of injury uncertain and the defendant's limitations showing inadequate.