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Torts Keyed to Prosser
Popejoy v. Steinle
Citation:
820 P.2d 545Facts
Connie Steinle drove to Douglas, Wyoming to purchase a calf for her seven-year-old daughter to raise on the family’s ranch. While en route to Douglas, Connie’s vehicle collided with that of Ronald Popejoy’s (plaintiff). Connie died as a result of the accident. Fifteen months after the collision, Ronald experienced severe neck and back pain. He underwent two separate surgeries as a result and sought funds to finance the operations. Connie’s estate had already been probated and closed, so Ronald’s creditor’s claim was rejected. Ronald then filed a complaint against the estate of Connie’s deceased husband, William (defendant) under the joint enterprise theory. Ronald premised his theory on the belief that Connie was on a “business trip” to pick up a calf for the family ranch on the day of the fateful accident. Therefore, William was liable for Connie’s negligent driving as a member of the alleged joint enterprise. The trial court found that William had no financial or other interest in Connie’s trip to Douglas. The court found in favor of William’s estate. Ronald appealed.
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