(a) Except as provided in subsections (b) through (d) of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of:
(i) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; and
(ii) One percent (1%).
(b) The rate found in subsection (a) of this section shall not be compounded.
(c) The adjustment of the fair market value of total gross assets shall continue as provided in subsection (a) of this section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
(d) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the definition of total gross assets by W.S. 1-1-135(c).
(a) The courts of this state shall construe the provisions of this act liberally with regard to successors.
(b) This act shall apply to all asbestos claims filed against a successor on or after July 1, 2011.
1-1-138. Donation of emergency responder equipment;
exemption from civil and criminal liability; definitions; relation to other law.
(a) Any person who donates surplus emergency response equipment to any emergency responder shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from the nature, age, condition or packaging of such equipment; except that this exemption shall not apply to the grossly negligent, willful, wanton or reckless acts of donors.
(b) As used in this section:
(i) "Emergency responder" means as provided in W.S. 35-9-152(a)(i);
(ii) "Emergency response equipment" means all equipment designed for or typically used in the course of performing the duties required of an emergency responder.
(c) Should any grant of immunity, exception or imposition of liability within the Wyoming Governmental Claims Act conflict with any provision of this section, the Wyoming Governmental Claims Act shall prevail.
1-1-139. Civil liability for female genital mutilation.
(a) A person who is the victim of female genital mutilation as defined by W.S. 6-1-104(a)(xvii) may maintain a civil action against an individual who engages in conduct that is prohibited under W.S. 6-2-502(a)(v) for damages incurred by the victim as a result of that conduct. The victim may also be awarded exemplary damages, reasonable attorney's fees, costs of the action and any other appropriate relief. A victim of female genital mutilation may bring a civil action under this section at any time within ten (10) years of:
(i) The procedure being performed; or
(ii) The victim's eighteenth birthday.
(b) A civil action may be maintained under this section whether or not the individual who is alleged to have engaged in conduct prohibited under W.S. 6-2-502(a)(v) has been charged or convicted under W.S. 6-2-502(a)(v) for the alleged crime.
(c) Neither the pendency nor the termination of a civil action under this section shall prevent the criminal prosecution of a person who violates W.S. 6-2-502(a)(v).
1-1-140. Public utility exemption from civil liability; catastrophes caused by an act of God.
(a) Except as provided in subsection (b) of this section, a public utility is not liable for damages to real or personal property or damages for claims resulting from economic losses in any civil action against the public utility for a catastrophe caused by an act of God.
(b) Subsection (a) of this section shall not apply to damages if a negligent, willful, wanton or reckless act of the public utility was a proximate cause of the catastrophe.
(c) As used in this section:
(i) "Economic losses" includes damages caused by a failure to provide an adequate supply of gas, electricity, water, solid or liquid waste collection or disposal, heating and ground transportation;
(ii) "Municipality" means as defined in W.S. 37-1-101(a)(iii);
(iii) "Public utility" means as defined in W.S. 37-1-101(a)(vi), excluding the state or a municipality.
(d) Should any grant of immunity, exception or imposition of liability within the Wyoming Governmental Claims Act conflict with any provision of this section, the Wyoming Governmental Claims Act shall prevail.
1-1-141. COVID-19 exposure and illness; assumption of the risk.
(a) As used in this section:
(i) "Claimant" means any person or estate of a person seeking recovery of damages in a COVID-19 liability claim;
(ii) "COVID-19" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and any mutation or viral fragments thereof or any disease or condition caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that was the subject of the public health emergency declared by the governor under W.S. 35-4-115(a)(i) on March 13, 2020;
(iii) "COVID-19 liability claim" means a cause of action for:
(A) The transmission, infection, exposure or potential exposure of COVID-19 to a claimant:
(I) At any health care facility or on any person's or entity's premises that resulted in injury to or death of the claimant; or
(II) Caused by the actions of any health care provider or other person that resulted in injury to or death of the claimant.
(B) Acts or omissions by a health care facility or provider in arranging for or providing health care services or medical care to the claimant that resulted in injury to or death of the claimant, or where the response to COVID-19 reasonably interfered with the arranging for or the providing of health care services or medical care for the claimant; or
(C) Manufacturing, labeling, donating or distributing personal protective equipment or sanitizer that is directly related to the provision of personal protective equipment or sanitizer to the claimant by any person or entity during the public health emergency declared under COVID-19 that departs from the normal manufacturing, labeling, donating or distributing of personal protective equipment by an entity and that proximately causes injury to or the death of the claimant.
(iv) "Personal protective equipment" means equipment worn to minimize exposure to hazards that cause injury or illness, including gloves, masks, face shields, safety glasses, shoes, earplugs, muffs, respirators, coveralls, vests and full body suits;
(v) "Sanitizer" means any substance generally used to decrease infectious agents including viruses on the body, objects or other spaces that receive human contact.
(b) Subject to subsection (c) of this section, in any action involving a COVID-19 liability claim against a person or entity, there shall be a rebuttable presumption that the claimant accepted and assumed the risk of catching COVID-19 if the claimant entered the premises of another person or entity.
(c) The assumption of risk specified in subsection (b) of this section shall not apply to acts or omissions constituting gross negligence or willful or wanton misconduct.
(d) Nothing in this section shall be construed to limit or restrict the immunity available in W.S. 35-4-114(d) or any other immunity available under law.
1-1-142. Immunity from liability for firearm manufacturers and sellers; definitions; exceptions.
(a) As used in this section:
(i) "Ammunition" means any projectile expelled by action of an explosive from a firearm;
(ii) "Firearm" means any weapon that will or is designed to expel a projectile by the action of an explosive;
(iii) "Firearms accessories" means as defined by W.S. 6-8-403(a)(iv);
(iv) "Manufacturer" means a person who is engaged in the business of manufacturing a qualified product and who is licensed to engage in business as a manufacturer under 18 U.S.C. §§ 921–934 or who is a Wyoming resident who has knowledge of gunsmithing and has had experience in the field for a period of not less than two (2) years;
(v) "Qualified civil liability action" means a civil action or administrative proceeding brought against a manufacturer or seller of a qualified product for any damages or other relief resulting from the criminal or unlawful misuse of a qualified product. "Qualified civil liability action" shall not include any action specified in subsection (d) of this section;
(vi) "Qualified product" means lawfully manufactured and sold ammunition, firearms, firearms accessories and antique firearms as defined by W.S. 6-8-403(a)(viii);
(vii) "Seller" means any person licensed to sell a qualified product under 18 U.S.C. §§ 921–934;
(viii) "Trade association" means as defined by W.S. 13-10-301(a)(vii);
(ix) "Unlawful misuse" means conduct that violates a statute, ordinance or regulation applying to the use of a qualified product.
(b) Except as provided in subsection (d) of this section, no person who has legally provided a qualified product to any other person is liable for damages caused by the other person's actions with or use of the qualified product. This subsection shall not affect the liability:
(i) Of the other person who received the qualified product for damages;
(ii) Of the person who provided the qualified product if done so in violation of state or federal law.
(c) Except as provided in subsection (d) of this section, manufacturers of qualified products, sellers of qualified products and trade associations shall be immune from civil liability in any qualified civil liability action. A qualified civil liability action brought against any manufacturer of qualified products, seller of qualified products or trade association that does not allege any of the actions specified in subsection (d) of this section shall be dismissed.
(d) The immunity specified in subsections (b) and (c) of this section shall not apply to any action:
(i) Brought against a person who transfers a qualified product and who is convicted under 18 U.S.C. § 924(h) or W.S. 6-8-102 by a party directly harmed by the conduct of which the transferor was convicted;
(ii) In which a manufacturer or seller of a qualified product knowingly violated a state or federal statute applicable to the sale or marketing of the qualified product, and the violation was a proximate cause of the harm for which relief is sought. Conduct to which this paragraph applies shall include:
(A) Any incident in which the manufacturer or seller knowingly made any false entry in, or failed to make the appropriate entry in, any record required to be kept under federal or state law with respect to the qualified product, including any incident where the manufacturer aided, abetted or conspired with any person in making any false or fictitious oral or written statement regarding any fact material to the lawfulness of the sale or other disposition of a qualified product;
(B) Any case in which the manufacturer or seller aided, abetted or conspired with any other person to sell or otherwise dispose of a qualified product knowing, or having reasonable cause to believe, that the actual buyer of a qualified product was prohibited from possessing or receiving a qualified product under state or federal law.
(iii) For breach of contract or warranty in connection with the purchase of the product;
(iv) For death, physical injuries or property damage resulting directly from a defect in the design or manufacture of the qualified product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by an act that constitutes a criminal offense, that act shall be deemed the sole proximate cause of any resulting death, injury or property damage;
(v) Commenced to enforce the provisions of W.S. 6-8-102 or 6-8-103 or 18 U.S.C. §§ 921–934;
(vi) That alleges that an injury or death resulted from an act or omission of the manufacturer, seller or trade association that constitutes gross negligence, recklessness or intentional misconduct.
1-1-143. Developers of artificial intelligence systems; liability; limitations.
(a) As used in this section, "artificial intelligence system" means as defined by W.S. 6-1-104(a)(xix).
(b) Except as provided in subsection (c) of this section, the developer of an artificial intelligence system shall not be liable for damages arising from the use of an artificial intelligence system when another person used the system with the intent to commit or engage in illegal or illicit activities or to cause harm.
(c) The immunity provided in subsection (b) of this section shall not apply if the artificial intelligence system was developed with the knowledge or intent that the primary purpose of the system would be for illegal or illicit activities.
(a) The following officers are authorized to administer oaths:
(i) Justices of the Wyoming supreme court;
(ii) Judges of the Wyoming district courts;
(iii) Judge of the United States district court for the district of Wyoming;
(iv) Clerks of the Wyoming supreme court, Wyoming district courts and Wyoming circuit courts;
(v) Clerk of the United States district court for the district of Wyoming;
(vi) Commissioners and magistrates appointed by authority of the laws of the United States or of Wyoming;
(vii) Repealed By Laws 2011, Ch. 113, § 3.
(viii) County clerks;
(ix) County treasurers;
(x) Clerks of school districts in Wyoming;
(xi) Clerks of any incorporated city or town in Wyoming;
(xii) County commissioners within their respective counties;
(xiii) Repealed by Laws 2009, Ch. 168, § 202.
(xiv) Judges of the Wyoming circuit courts;
(xv) Notarial officers.
(b) Except for notarial officers, officers listed in this section are authorized to administer oaths, but are not authorized to perform other notarial acts as defined in W.S. 32-3-102(a)(xviii), unless specified otherwise in W.S. 32-3-105(a).
1-2-103. Affirmation in lieu of oath; manner of administering.
Persons conscientiously opposed to swearing or to taking any oath may affirm, and are subject to the penalties of perjury as in the case of swearing an oath. Whenever any person is required to take an oath in any court, or before any person or officer authorized by law to administer oaths, it is lawful for the court, officer or person administering the same, to administer it in the following manner: the person taking the oath or swearing shall, with his or her right hand uplifted, swear or take the oath, concluding with the words "so help me God".
(a) A matter required or authorized to be supported, evidenced, established or proven by the sworn statement, declaration, verification, certificate, oath or affidavit, in writing of the person making it, other than a deposition, an acknowledgment, an oath of office or an oath required to be taken before a specified official other than a notary public, may be supported, evidenced, established or proven by the person certifying in writing "under penalty of false swearing" that the matter is true. The certification shall state the date and place of execution and the following: "I certify under penalty of false swearing that the foregoing is true".
(b) A person who knowingly makes a false certification under subsection (a) of this section is guilty of false swearing in violation of W.S. 6-5-303(c).
This chapter shall not apply in the case of a continuing and subsisting trust, nor to an action by a vendee of real property in possession thereof to obtain a conveyance of it.
Civil actions can only be commenced within the periods prescribed in this chapter, after the cause of action accrues, but where a different limitation is prescribed by statute, that shall govern.
An action for the recovery of the title or possession of lands, tenements or hereditaments can only be brought within ten (10) years after the cause of such action accrues.
1-3-104. Recovery of real property; legal disability.
Any person entitled to bring an action for the recovery of real property who is under any legal disability when the cause of action accrues may bring his action within ten (10) years after the disability is removed.
1-3-105. Actions other than recovery of real property.
(a) Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action accrues:
(i) Within ten (10) years, an action upon a specialty or any contract, agreement or promise in writing;
(ii) Within eight (8) years, an action:
(A) Upon a contract not in writing, either express or implied; or
(B) Upon a liability created by statute other than a forfeiture or penalty.
(iii) Within five (5) years after the debtor establishes residence in Wyoming, an action on a foreign claim, judgment or contract, express or implied, contracted or incurred and accrued before the debtor became a resident of Wyoming;
(iv) Within four (4) years, an action for:
(A) Trespass upon real property;
(B) The recovery of personal property or for taking, detaining or injuring personal property;
(C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; and
(D) For relief on the ground of fraud.
(v) Within one (1) year, an action for:
(A) Libel or slander;
(B) Assault or battery not including sexual assault;
(C) Malicious prosecution or false imprisonment; or
(D) Upon a statute for a penalty or forfeiture, except that if a different limitation is prescribed in the statute by which the remedy is given the action shall be brought within the period prescribed by the statute.
(b) Notwithstanding subsection (a) of this section, a civil action based upon sexual assault as defined by W.S. 6-2-301(a)(v) against a minor may be brought within the later of:
(i) Eight (8) years after the minor's eighteenth birthday; or
(ii) Three (3) years after the discovery.
A cause of action for the wrongful taking of personal property is not deemed to have accrued until the wrongdoer is discovered. A cause of action on the ground of fraud is not deemed to have accrued until the discovery of the fraud.
1-3-107. Act, error or omission in rendering professional or health care services.
(a) A cause of action arising from an act, error or omission in the rendering of licensed or certified professional or health care services shall be brought within the greater of the following times:
(i) Within two (2) years of the date of the alleged act, error or omission, except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was:
(A) Not reasonably discoverable within a two (2) year period; or
(B) The claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence.
(ii) For injury to the rights of a minor, by his eighth birthday or within two (2) years of the date of the alleged act, error or omission, whichever period is greater, except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was:
(A) Not reasonably discoverable within the two (2) year period; or
(B) That the claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence.
(iii) For injury to the rights of a plaintiff suffering from a legal disability other than minority, within one (1) year of the removal of the disability;
(iv) If under paragraph (i) or (ii) of this subsection, the alleged act, error or omission is discovered during the second year of the two (2) year period from the date of the act, error or omission, the period for commencing a lawsuit shall be extended by six (6) months.
(b) This section applies to all persons regardless of minority or other legal disability.
1-3-108. Official bonds and statutory undertakings.
An action upon the official bond of an officer, assignee, trustee, executor, administrator or guardian, or upon a bond given in pursuance of a statute can only be brought within ten (10) years after the cause of action accrues.
As used in this act "substantial completion" means the degree of completion at which the owner can utilize the improvement for the purpose for which it was intended.
1-3-111. Improvements to real property; generally.
(a) Unless the parties to the contract agree otherwise, no action to recover damages, whether in tort, contract, indemnity or otherwise, shall be brought more than ten (10) years after substantial completion of an improvement to real property, against any person constructing, altering or repairing the improvement, manufacturing or furnishing materials incorporated in the improvement, or performing or furnishing services in the design, planning, surveying, supervision, observation or management of construction, or administration of construction contracts for:
(i) Any deficiency in the design, planning, supervision, construction, surveying, manufacturing or supplying of materials or observation or management of construction;
(ii) Injury to any property arising out of any deficiency listed in paragraph (i) of this subsection; or
(iii) Injury to the person or wrongful death arising out of any deficiency listed in paragraph (i) of this subsection.
(b) Notwithstanding the provisions of subsection (a) of this section, if an injury to property or person or an injury causing wrongful death occurs during the ninth year after substantial completion of the improvement to real property, an action to recover damages for the injury or wrongful death may be brought within one (1) year after the date on which the injury occurs.
(c) This section shall not be construed to extend the period for bringing an action allowed by the laws of this state.
1-3-112. Improvements to real property; exception as to persons in possession or control.
The limitation prescribed by this act shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant or otherwise, of the improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.
If a person entitled to bring any action except for an action arising from error or omission in the rendering of licensed or certified professional or health care services or for a penalty or forfeiture, is, at the time the cause of action accrues, a minor or subject to any other legal disability, the person may bring the action within three (3) years after the disability is removed or within any other statutory period of limitation, whichever is greater.
All actions upon a liability created by a federal statute, other than a forfeiture or penalty, for which no period of limitations is provided in such statute, shall be commenced within two (2) years after the cause of action has accrued.
1-3-116. Absence from state, abscondence or concealment.
If a cause of action accrues against a person when he is out of the state, or has absconded or concealed himself, the period limited for the commencement of the action does not begin to run until he comes into the state or while he is so absconded or concealed. If after the cause of action accrues he departs from the state or absconds or conceals himself, the time of his absence or concealment is not computed as a part of the period within which the action shall be brought.
If in an action commenced in due time a judgment for the plaintiff is reversed, or if the plaintiff fails otherwise than upon the merits and the time limited for the commencement of the action has expired at the date of the reversal or failure, the plaintiff, or his representatives if he dies and if the cause of action survives, may commence a new action within one (1) year after the date of the failure or reversal. This provision also applies to any claim asserted in any pleading by a defendant.
1-3-119. Effect of partial payment or new promise in writing.
When payment has been made upon any demand founded on contract or a written acknowledgment thereof, or promise to pay the same has been made and signed by the party to be charged, the time for commencing an action runs from the date of such payment, acknowledgment or promise.
In addition to the causes of action which survive at common law, causes of action for mesne profits, injuries to the person, an injury to real or personal estate, or any deceit or fraud also survive. An action may be brought notwithstanding the death of the person entitled or liable to the same, but in actions for personal injury damages, if the person entitled thereto dies recovery is limited to damages for wrongful death.
No action or proceeding pending in any court abates by the death of either or both of the parties thereto except as herein provided; an action for libel, slander, malicious prosecution, assault, assault and battery or nuisance shall abate by the death of either party.
1-5-101. Actions to be brought where real property situated; exceptions.
(a) Actions for the following causes shall be brought in the county in which the subject of the action is situate, except as provided in W.S. 1-5-102 and 1-5-103:
(i) For the recovery of real property, or of an estate or interest therein;
(ii) For the partition of real property;
(iii) For the sale of real property under a mortgage, lien or other encumbrance or charge.
1-5-102. Property situate in more than a single county.
When the property is situate in more than one (1) county, the action may be brought in either, but in actions to recover real property, this can only be done when the property is an entire tract.
1-5-104. Actions to be brought where cause of action arose.
(a) Actions for the following causes shall be brought in the county where the cause or some part thereof arose:
(i) For the recovery of a fine, forfeiture or penalty imposed by a statute. When it is imposed for an offense committed on a river or other water course or a road which is the boundary of the state or of two (2) or more counties, the action may be brought in any county bordering on the river, water course or road, and opposite to the place where the offense was committed;
(ii) Against a public officer for an act done by virtue or under color of his office, or for a neglect of his official duty;
(iii) On the official bond or undertaking of a public officer.
(b) Actions for small claims proceedings under W.S. 1-21-201 through 1-21-205 may be brought in the county where the cause of action or some part thereof arose.
An action, other than those mentioned in W.S. 1-5-101 through 1-5-103, against a corporation created under the laws of this state may be brought in the county in which the corporation is situate or has its principal office or place of business. If the corporation is an insurance company the action may be brought in the county wherein the cause of action or some part thereof arose.
1-5-106. Actions against public carriers and railroad companies.
An action for an injury to person or property upon a liability as a public carrier, or an action against a railroad company, may be brought in any county through or into which the carrier or railroad line passes.
1-5-107. Actions against nonresidents and foreign corporations.
An action, other than one (1) of those mentioned in W.S. 1-5-101 through 1-5-104, against a nonresident of this state or a foreign corporation, whether or not codefendants reside in Wyoming, may be brought in any county where the cause of action arose or where the plaintiff resides.