Bogdanski v. Budzik

2018 WY 7, 408 P.3d 1156
CourtWyoming Supreme Court
DecidedJanuary 24, 2018
DocketS-17-0049; S-17-0050
StatusPublished
Cited by20 cases

This text of 2018 WY 7 (Bogdanski v. Budzik) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bogdanski v. Budzik, 2018 WY 7, 408 P.3d 1156 (Wyo. 2018).

Opinions

DAVIS, Justice.

[¶1] Mariusz Bogdanski and Damian Bud-zik were codrivers. of a commercial semi-truck that was involved in an accident on Interstate 80. east of Evanston, Wyoming. Bogdanski was injured in the accident and filed an action against Budzik, alleging that his negligence caused the accident. He also sued FedEx Ground Package System, Inc. (FedEx), the company whose trailers they were hauling, alleging both direct negligence and vicarious liability for Budzik’s negligence. The district court granted summary judgment to both Budzik and FedEx, and Bogdanski appeals the' order in favor of FedEx. We affirm summary judgment iii favor of Appellee Budzik, and the summary judgment on Bogdanski’s direct negligent training claim. However, we reverse the ruling granting- summary judgment against FedEx on Bogdanski’s claim of vicarious liability for Budzik’s claimed negligence, and wé remand to the district court for further proceedings.

ISSUES

[¶2] We restate the issues raised by this appeal as follows:1

1. Can Bogdanski maintain a dirept negligence claim in addition to a vicarious liability claim when FedEx has .stipulated that it will be vicariously liable for Budzik’s negligence, if any? .
2. . Did the district court err in granting FedEx’s motion for summary judgment on Bogdanski’s vicarious liability claim?

FACTS

[¶3] In February- of 2011, Mariusz Bogdan-ski and Damian Budzik -were employed as commercial truck drivers by BZ Trucking, Inc., a company operating out of Burbank, Illinois. Bogdanski was the more experienced •driver and began working for BZ Trucking in 2005. Damian Budzik- obtained his commercial driver’s license in 2008 and began working for BZ Trucking that same year.

[¶4] For the first year of Budzik’s employment with BZ Tracking, he was provided on-the-job training by being paired with more experienced drivers. Budzik was paired with one driver for the first three months of his training, and then with Bogdanski for the remainder of the year. After Budzik completed his year of training, he and Bogdanski remained driving partners.

[¶5] In 2011 BZ Trucking had a contract with FedEx to use BZ’s trucks and drivers to haul FedEx trailers. Pursuant to that contract, Budzik and Bogdanski picked up two FedEx trailers in Bedford, Illinois to be delivered to Sacramento, California, on February 16, 2011. The trip was to be non-stop with Bogdanski and Budzik each driving alternating eleven-hour shifts. A shift change occurred at about 2:00 a.m. on February 17th. in Rawlins, Wyoming. Budzik completed an inspection of the tractor and trailers, and then took over driving while Bogdanski rested in the truck’s sleeper compartment.

[¶6] When Budzik began his driving shift in Rawlins, it was snowing, but not heavily. As Budzik continued to drive west on Interstate 80, it began to snow more heavily, reaching what Budzik described as a six out of ten in severity, with snow accumulating on the road’s surface. About thirty miles east of Evanston, Wyoming, Budzik came upon traffic stopped in both westbound lanes. He was driving approximately forty-five to fifty miles per hour when he encountered the stopped traffic, and he activated his flashers and pulled from the right lane into the left to allow a greater distance over which to stop the truck.

[¶7] The traffic ahead of Budzik remained stopped for around five to ten minutes. When the traffic began to move again, Budzik found that he could not get his truck to move. He tried for about one to two minutes to get it moving and then woke Bogdanski to ask for help. Bogdanski described what happened next:

Q. So he woke you up. Did he want you to do something? What did he want you to do?
A He needed my help.
Q. Did you — to do what?
A. Just to — we were — we work in a team, so I needed to sit down and decide what is going to be our next step.
Q. And did you do that?
A Yes. We were going to inspect the truck to see why the truck is not able to move forward.
Q. So after he woke you up and you got out of the sleeper compartment, from there, where did you go?
A It was wintertime, so I needed also some time to dress myself properly. I went out, exited.
[[Image here]]
Q. So I take it, somehow it was decided that you had to go out?
A. That period of time, Damian was-assigned to be a driver. I went — when one is assigned, the other one did not take over and sit back behind the wheel.
Q. Because of the hour restrictions, right?
A Yes. So I was off duty.
Q. So the plan was that you were going to go out of the truck and try and figure out why you were not getting traction?
A. Basically, I also was at that point more experienced than Damian. I wanted to go outside and look around the truck and — trying to figure out why the truck can’t move forward.

[¶8] When Bogdanski exited the truck, he found all of the truck and trailer exterior lights were on, including the emergency lights, the pulsating lights, and the headlights. He inspected the entire exterior of the truck and trailers and confirmed that the only problem was that the driver wheels were spinning. He then concluded they would need to place chains on some of the tires to get the truck moving and that they would also need to place warning triangles to secure the truck’s location.

[¶9] The chains and warning triangles were kept on a catwalk between the tractor and the trailers, and Bogdanski climbed onto the catwalk to get them. While Bogdanski was on the catwalk, another commercial truck driven by Viktor Marinov rear-ended the stopped tractor-trailer. The impact threw Bogdanski from the catwalk, and’ he landed on the shoulder of the road. He was taken by ambulance to a hospital in Evanston, Wyoming, where he was treated and released. The next day he and Budzik drove the truck, without trailers, first to Salt Lake City and then back to Illinois. Upon his return to Illinois, Bog-danski applied for and received Illinois workers’ compensation medical and disability benefits for injuries to his right shoulder, right hip, cervical spine, lumbar spine, and left arm.

[¶10] In February of 2018, Bogdanski filed an action in the Superior Court of California, Sacramento County, against Viktor Marinov, the driver of the other truck involved in the accident, as well as a number of parties associated with Marinov. On February 10, 2015, Bogdanski filed a complaint in the Third Judicial District, Uinta County, Wyoming, against many of the same parties named in the California action, and added Budzik and FedEx.2

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Bluebook (online)
2018 WY 7, 408 P.3d 1156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogdanski-v-budzik-wyo-2018.