Cornella v. City of Lander, Wyoming
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The Supreme Court reversed the judgment of the district court granting summary judgment to the City of Lander and dismissing Plaintiffs' negligence claim on grounds of governmental immunity, holding that the district court erred both procedurally and as a matter of law when it granted summary judgment.
Plaintiffs found a bat in their home and called the Animal Control Division of the Lander Police Department. The bat was captured but escaped before it could be tested for rabies. Plaintiffs filed a complaint seeking damages for the cost of the rabies vaccines and mental anguish. The trial court granted summary judgment in favor of the City. The Supreme Court reversed, holding (1) the district court procedurally erred when it granted summary judgment on grounds not raised by the parties without giving notice and a time to respond; and (2) the City was not entitled to summary judgment as a matter of law on the undisputed facts of record.
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