England v. Simmons

I dissent from Section II of the court’s opinion. The present decision of this court to affirm summary judgment in favor of defendant Simmons and his employer is apparently premised on the existence of a dispositive legal principle for summary judgment, Cordova v. Gosar, Wyo., 719 P.2d 625 (1986) (Category 5 summary judgment), and the absence of an issue of fact, Cordova v. Gosar, supra (Category 6 summary judgment).

I find the decision of the court faulty in delineating the contested and established facts, and also wrong in applying the legal standard of conduct for passed and passing…