Johnson v. Safeway Stores, Inc.

568 P.2d 908, 1977 Wyo. LEXIS 315
CourtWyoming Supreme Court
DecidedSeptember 15, 1977
Docket4752
StatusPublished
Cited by77 cases

This text of 568 P.2d 908 (Johnson v. Safeway Stores, Inc.) 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
Johnson v. Safeway Stores, Inc., 568 P.2d 908, 1977 Wyo. LEXIS 315 (Wyo. 1977).

Opinions

ROSE, Justice.

The primary issue in this appeal is whether the trial court erred by reason of its refusal to give an instruction informing the jury concerning the effect of the percentage findings in its verdict under our comparative negligence statute.1 The accident occurred prior to the effective date of the recent legislative enactment of § 1-7.7, W.S.1957, 1976 Interim Supp., permitting such advice to the jury, but the trial was held thereafter.2 In its special verdict, the [910]*910jury found the plaintiff seventy percent negligent and the defendants thirty percent negligent, and awarded the plaintiff damages in the sum of $18,000. The trial court then entered judgment in favor of the defendants as required by the comparative-negligence statute.

[909]*909“Pleadings; ad damnum clause. — The ad damnum clause or prayer for damages incorporated in a pleading which sets forth a claim for relief based upon personal injury or wrongful death shall not state any dollar amount as alleged damages or demand a sum as judgment other than an allegation that the [910]*910damages are of an amount necessary to establish jurisdiction of the court. Nothing herein shall be construed to prevent any party from arguing to the court or jury the amount of his claim in money. In all cases the court shall inform the jury of the consequences of its verdict.”

We will affirm.

On January 11, 1974, the plaintiff, while carrying out her duties as a frozen-food clerk for the Safeway Store located in Rock Springs, Wyoming, was struck on the back and neck by several tins of frozen eggs when a popcrate used for storage collapsed. She filed suit on April 17, 1975, against the defendants, Safeway Stores, Inc., its store manager, David Thatcher, and Leo Cardel-lo,3 an employee of the store, seeking damages for her injuries alleged to have been caused by the defendants’ careless stacking and storage of foodstuff and Safeway’s failure to provide her with a safe place to work. The defendants denied any negligence and affirmatively alleged that the plaintiffs injuries were solely the product of her own negligence. At the close of the trial, which commenced August 24, 1976, the plaintiff offered an instruction designed to inform the jury of the legal effect of its special findings.4 The proffered instruction was refused by the trial court, which refusal structures the basis from which this appeal is taken.

The plaintiff-appellant urges this court to (1) give the newly-enacted § 1-7.7 a retrospective application, and (2) hold that the trial court’s refusal to advise the jury on the effect of the comparative-negligence statute was erroneous for failure to comply with its terms. Before we can reach the question concerning the statute’s retrospective or prospective application, we must first determine whether the statute was intended by the legislature to apply to comparative-negligence actions.

BACKGROUND

In 1973, Wyoming joined the growing list of states which, since the late 1960’s, have chosen to legislatively abrogate the doctrine of contributory negligence, infused with its first breath in the English case of Butterfield v. Forrester, 11 East 60, 103 Eng.Rep. 926 (1809). The first case in Wyoming involving the construction of § 1-7.2 (supra Note 1), a Wisconsin-type comparative-negligence statute, was Woodward v. Haney, Wyo., 564 P.2d 844, decided May 18, 1977, wherein we were faced with the issue concerning the propriety of the trial court’s refusal to inform the jury of the effect of its answers to the interrogatories in the special verdict. At the time of the decision, the Wyoming Legislature had added § 1-7.7 (supra, Note 2), effective May 28, 1976.

The last-mentioned section was not considered in Woodward because of its enactment after the verdict and judgment below. Instead, the decision on the merits was dependent upon ascertaining the intention of the legislature at the time our comparative-negligence statute was adopted. It was our holding

[911]*911“ . . . that under § l-7.2(a), unqualified by § 1-7.7, whatever effect the latter section may currently have, the intent of the Wyoming State Legislature was to adopt the Wisconsin judicial construction of the comparative negligence statute at the date of enactment, holding that it is reversible error to advise the jury in argument or by instruction of the effect of its verdict. We can find no fault with the rationale of the Wisconsin Supreme Court, then existing and of which the Wyoming Legislature was presumed to be aware. It is immaterial that the Legislature may have since changed its mind." [Footnote omitted] Woodward v. Haney, supra, 564 P.2d at page 846. [Emphasis supplied]

We made it clear that the issue having to do with the effect of § 1-7.7 on § 1-7.2 would not be decided in that case, thereby leaving the question open for consideration when appropriately raised in a future case. The time for decision-making has come.

APPLICABILITY OF SECTION 1-7.7 TO COMPARATIVE NEGLIGENCE ACTIONS

We must first examine the statute in question for the purpose of ascertaining what the legislature intended by its enactment. The source of that intent must, wherever possible, be found in the language of the statute itself. Wyoming State Treasurer v. City of Casper, Wyo., 551 P.2d 687, 697 (1976); Mahoney v. L. L. Sheep Company, 79 Wyo. 293, 333 P.2d 712, 715 (1958). In Geraud v. Schrader, Wyo., 531 P.2d 872, 878 (1975), cert. den. sub nom., Wind River Indian Education Association, Inc. v. Ward, 423 U.S. 904, 96 S.Ct. 205, 46 L.Ed.2d 134, we said:

“ . . . Where the language of a statute is plain, unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to rules of statutory construction, and the court has no right to look for and impose another meaning. Druley v. Houdesheldt, 1956, 75 Wyo. 155, 160, 294 P.2d 351, 352, reh. den. 75 Wyo. 155, 296 P.2d 251. Courts will not usurp the power of the legislature by deciding what should have been said. Barber v. State Highway Gomm’n, 1959, 80 Wyo. 340, 351, 342 P.2d 723, 725.”

Unless it is clearly repugnant to the intention of the legislature, the words and phrases used in a statute shall be taken in their ordinary and usual sense (§ 8-18, W.S. 1957, 1975 Cum.Supp.), and “when a word has a well-settled meaning in the law at the time of usage it will be so understood unless a different meaning is unmistakably intended.” School Districts Nos. 2, 3, 6, 9, and 10 v. Cook, Wyo., 424 P.2d 751, 757 (1967). See also, Title Guaranty Company of Wyoming, Inc. v. Belt, Wyo., 539 P.2d 357, 359 (1975). We said in Markle v. Williamson, Wyo., 518 P.2d 621, 625:

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Cite This Page — Counsel Stack

Bluebook (online)
568 P.2d 908, 1977 Wyo. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-safeway-stores-inc-wyo-1977.