Wyoming Supreme Court

Jeannie Cook

January 20, 2006126 P.3d 886

Summary

The Wyoming Supreme Court affirmed summary judgment for Shoshone First Bank on claims arising from the suicide of teller Christina Proefrock hours after the bank accused her of stealing $1,200 in missing funds. The court held the claims were not barred by worker's compensation because Proefrock suffered no compensable physical injury and her willful suicide is excluded from coverage, but that no genuine issue of material fact existed on intentional infliction of emotional distress because the bank's investigation and questioning of suspects was not extreme and outrageous as a matter of law, and no wrongful act was shown to support liability for negligently caused suicide. The court declined to address the foreseeability-of-suicide question, holding it becomes relevant only if extreme and outrageous conduct is first shown.

Holding

  • Whether claims arising out of Ms. Proefrock's suicide are barred by the Wyoming Worker's Compensation Act, giving SFB immunity from tort liability.. No. Section 27-14-102(a)(xi)(B) excludes from 'injury' the employee's willful intention to injure or kill himself, and Section 27-14-102(a)(xi)(J) excludes any mental injury unless it is caused by a compensable physical injury, occurs subsequent to or simultaneously with it, and is established by clear and convincing evidence; because there was no allegation Ms. Proefrock suffered a compensable physical injury, the claims arising out of her suicide were not covered and SFB is not immune.
  • Whether SFB's conduct in accusing Ms. Proefrock of theft, placing her on paid administrative leave, and requiring a written statement was extreme and outrageous so as to support intentional infliction of emotional distress.. No. Viewed in the light most favorable to appellants, the evidence would not lead reasonable minds to conclude SFB's conduct was extreme and outrageous; the bank did no more than investigate missing funds, question suspects, and insist upon its legal rights in a permissible way, so no genuine issue of material fact existed and summary judgment was proper.
  • Whether a genuine issue of material fact existed on the claim that SFB negligently caused Ms. Proefrock's suicide.. No. Liability for a decedent's suicide requires a wrongful act by the tortfeasor; the Restatement (Second) of Torts § 455 exception recognized in R.D. applies only when the tortfeasor's wrongful act causes the decedent to become insane, preventing realization of the nature of the act or control of conduct. The estate failed to present facts from which a jury could conclude SFB committed a wrongful act that led to the suicide.
  • Whether Mr. Proefrock has separate claims for negligent and intentional infliction of emotional distress.. No. A negligent infliction of emotional distress claim requires proof of negligence and an intentional infliction claim requires extreme and outrageous conduct; no genuine issue of material fact was presented on either element.
  • Whether the facts support a jury finding of willful and wanton conduct warranting punitive damages.. No separate punitive damages claim survives; a claim for punitive damages is an element of a cause of action, not a separate claim or cause of action, and summary judgment on the underlying claims effectively disposed of it.

Docket 05-105

Cited authorities

  • Wyo. Stat. Ann. § 27-14-101

Cited by

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