Patient who suffered complications following routine appendectomy brought medical malpractice action under Wyoming Governmental Claims Act against county hospital and two hospital-employed physicians.
The District Court denied patient’s motion for partial summary judgment challenging constitutionality of the Government Claims Act’s limitation on waiver of governmental immunity, and after jury returned $3.2 million verdict apportioning 40 percent fault to one physician, the District Court entered judgment for full $3.2 million despite $1 million statutory limitation and the District Court denied hospital and physician’s motion for relief from judgment. Hospital and physician appealed, and patient filed cross-appeal.
The Supreme Court held that:
- Supreme Court had jurisdiction over patient’s cross appeal arguing that county hospital was not entitled to $1 million limitation on liability under the Government Claims Act;
- County hospital system’s operation of a statewide commercial healthcare enterprise did not waive Government Claims Act’s $1 million limit on liability; and
- Court could not enter judgment against county hospital in an amount greater than $1 million limit on liability in the absence of any non-speculative showing by patient that hospital maintained an insurance policy providing coverage in excess of that amount.