Jung-Leonczynska v. Steup

GOLDEN, Justice.

We visit this case for a second time. As in the first appeal, the primary issue to be addressed is the propriety of the grant of a motion for summary judgment.

We will, once again, reverse the district court’s entry of summary judgment.

In the first appeal, we determined that the issue of whether a public employee was acting within the scope of his duties under W.S. l-39-104(a) (June 1988 Repl.) when he allegedly engaged in tortious conduct, was a question of fact for the trier of fact and not one for the court in the context of a motion for summary judgment. Jung-Leonczynska v.…