Coleman v. Strohman

I respectfully dissent. To approve what turned out to be a directed verdict for Robert W. Strohman by the trial court’s elimination of a significant claim for recovery is wrong for two valid reasons. Although the second reason, refusal to give a theory of the case instruction, is troubling and, in my opinion, clearly wrong, Barber v. Sheridan Trust & Savings Bank, 53 Wyo. 65, 78 P.2d 1101 (1938), the first reason, a procedural due process denial, is of greater concern.

In this case, both parties pleaded, prepared and tried the case on dual theories for contended recovery by the assaulted…