Michael O’donnell, Appellant, (plaintiff) v. City of Casper, a Municipal Corporation;, Appellees (defendants)

Summary

The Wyoming Supreme Court reversed a summary judgment that had dismissed Michael O'Donnell's negligence claim against the City of Casper and his negligent-design claim against Suzuki Motor Company arising from a 1977 motorcycle accident on a freshly chip-sealed Casper street. The court held that the known and obvious danger rule does not negate a municipality's duty to keep its streets reasonably safe where the City itself created the hazard; instead, the obviousness of the danger is a factor for the trier of fact in apportioning comparative negligence. The court also held that expert opinion testimony from a qualified mechanical engineering professor, opining that Suzuki's 1969 fuel-system design was unsafe and that safer feasible designs existed, created a genuine issue of material fact on negligent design that could not be resolved on summary judgment. The court declined to address the strict products liability claim under Restatement § 402A because the summary judgment below was based solely on the negligent-design theory. Justice Rooney, concurring in part and dissenting in part, joined by Justice Raper (Retired), concurred in the reversal as to Suzuki but dissented as to the City, contending the known and obvious danger rule is an independent defense negating duty rather than a comparative-fault factor.