David Boehm, and Penny Boehm, Appellants (plaintiffs) v. Cody Country Chamber of Commerce, a Wyoming Corporation… (Wyoming 1987)

Summary

The court affirmed summary judgment for all appellees, holding that the injured participant could not sue the unincorporated club or members for conduct undertaken in furtherance of the club enterprise, the city’s governmental-immunity waiver did not cover the accident, and the individual claims lacked evidence creating a triable issue. It also upheld the release against the public-policy challenge, found no evidence of willful and wanton misconduct or an employment relationship, and concluded that the individual club president was not shown to have acted negligently. The spouse’s loss-of-consortium claims failed derivatively with the injured participant’s claims.

Holding

Negligence claims against the unincorporated club, its members, and its president as a member. A club member may not sue the unincorporated association or another member for negligence committed in furtherance of the association’s joint enterprise, because the negligence of one member in furtherance of that enterprise is imputable to all. A member may still sue another member in an individual capacity for that person’s individual negligence. The injured participant’s claims against the club, its members, and the president as a member were therefore barred, and the spouse’s derivative consortium claims failed with them.

Negligence claims against the City of Cody under the Wyoming Governmental Claims Act. The Boehms had no negligence action against the city. The statutory exception for negligence in the operation or maintenance of public facilities did not cover an injury caused by the alleged danger of blanks during a mock gunfight on a street that the injured participant testified was in good repair. The Act did not waive immunity based on indirect economic benefit, and the ordinance theory was not reviewed because it lacked cogent argument or supporting authority.

Negligence claim against the club president in his individual capacity. Summary judgment for the president individually was proper because he made a prima facie showing that no genuine issue of material fact existed and the appellants did not produce specific facts to rebut it.

Public-policy validity and construction of the release. The release was enforceable against negligence claims by the signer and clearly released the chamber and the hotel owner from negligence liability. The voluntary club activity did not involve a public duty or an essential service, the appellants did not show a bargaining disadvantage, the signer entered the agreement knowingly and fairly, and the language clearly released claims arising from club activities. The release did not bar claims for willful and wanton misconduct.

Willful and wanton misconduct. The evidence did not create a genuine issue of material fact concerning willful and wanton misconduct, so summary judgment for the appellees on that claim was proper.

Whether an employment relationship existed. The appellants did not establish a genuine issue of material fact that an employment relationship existed. The record did not show that any appellee retained the right to control the participant’s work, and the release was not invalidated on that basis.

David Boehm, and Penny Boehm, Appellants (plaintiffs) v. Cody Country Chamber of Commerce, a Wyoming Corporation…

Summary

Holding

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