CHEYENNE, Wyo. (Legal Newsline) – An evasive bat is the subject of a lawsuit that recently made it all the way to the Wyoming Supreme Court.
The City of Lander might still face liability after one of its employees removed a bat from the Cornella family home but lost it before it could be tested for rabies. A trial court had ruled the claim was barred by governmental immunity, but the Supreme Court ruled on Jan. 18 to overturn.
Officer Fred Cox had captured the bat from a bedroom with a net and put it in the bed of his pickup truck in 2016. The bat escaped the net during transport.
Calli Cornella called the Game and Fish Department, which told her seven bats in her area had recently tested positive for rabies.
Since the Cornellas and their three children couldn’t determine whether their bat had rabies, their physician suggested they get vaccinated anyway – despite no visible bite marks. The medical bills exceeded $83,000.
The ensuing lawsuit against the City of Lander sought $133,000 for the medical costs and mental anguish, among other claims. The City raised a governmental immunity defense that was granted by Fremont County judge Marvin Tyler in April 2021.
The City had argued “negligent transportation” and “negligent failure to train” claims were not exceptions to governmental immunity and that Officer Cox did not owe them a duty of care.
The case is now reinstated and heading back to Judge Tyler.
“Because the undisputed facts of this case show that Officer Cox and Chief Cercle were peace officers acting within the scope of their duties, we conclude that (they) each owed a common law duty to the Cornellas to act as reasonable peace officers under the circumstances,” Justice Lynne Boomgaarden wrote.
The trial court will now sort out the remaining elements of the Cornellas’ negligence claim and any resulting defenses by the City.