Board of County Comm'rs of Teton County v. Bassett
Wyoming Supreme Court
8 P.3d 1079 (2000)
During a high-speed police pursuit of a driver named Ortega, sheriff's deputies set up a roadblock. Bassett (plaintiff) was driving toward the roadblock; Highway Patrol officers who passed him did not warn him of the danger, and officers at the roadblock let him through just before Ortega's car collided with his, injuring him. Bassett sued the Highway Patrol, sheriff's deputies, and the National Park Service for negligence. The trial court excluded Ortega from the jury's fault allocation because his conduct was willful and wanton, and the jury allocated fault only among the remaining defendants, returning a verdict for Bassett.
Whether, in apportioning comparative fault, the jury must include an actor whose intentional conduct contributed to the plaintiff's injury.