May 2019 - WPDN

Charles S. Chapin and P. Craig Silva recently prevailed at the Wyoming Supreme Court on an appeal from the 7th Judicial District Court. The case is titled In the Matter of the Estate of Patricia Ann Britain v. Kelly L. Britain, 425 P3d 978 (Wyo. 2019).  The case involved a Will Contest, wherein the personal representative sought a declaratory judgment, seeking to set aside a codicil under the Declaratory Judgment Act for undue influence and competence. The district court granted Mr. Chapin’s and Mr. Silva’s motion to dismiss, filed on behalf of the client. The Wyoming Supreme Court affirmed holding that, as a matter of first impression, a timely will contest is the exclusive means of challenging the probate of a will, on the basis of the testator’s incompetence or undue influence not being a declaratory judgment action.

Attorneys Jason A. Neville (former partner) and Amy M. Iberlin won over $35 Million for their client, APMTG Helium, LLC in a two-week trial in Sublette County, Wyoming against Denbury Onshore, LLC and Denbury Resources, Inc. This was a monumental victory for APMTG and Williams, Porter, Day & Neville, P.C.!

APMTG Helium, LLC entered into a contract with Denbury Onshore, LLC and Denbury Resources, Inc. to receive helium feed gas. To date, APMTG has not received its guaranteed quantity of helium feed gas from Denbury Onshore, LLC and Denbury Resources, Inc.  The Court found in favor of APMTG, finding Denbury Onshore, LLC and Denbury Resources, Inc.’s failed to perform their duties and obligations under the contract. APMTG was compensated for its loss.

The case was tried to the Honorable Marvin Tyler in Pinedale, Wyoming.

In February 2019, WPDN attorneys P. Craig Silva and Amy M. Iberlin received a defense verdict in a four-day jury trial in Converse County, Douglas, Wyoming. Plaintiff asserted the Defendant was negligent in operating her vehicle in a May 1, 2011 accident in Douglas, Wyoming. Plaintiff claimed the accident resulted in a labral tear to his left hip and asserted surgery was necessary for repair.

 

During the trial, Craig and Amy presented evidence the Plaintiff was actually involved in a manhole explosion in 2001 resulting in several surgeries over the course of the next ten years that could be attributable to Plaintiff’s current complaints. Craig and Amy also produced evidence that four days before the May 1, 2011 accident, Plaintiff presented to the Emergency Room with a walker complaining of the same type of injuries he was asserting after the car accident.  On the Defendant’s behalf, an expert that testified the impact of the accident could not have caused the Plaintiff’s labral tear to his hip and called into question that Plaintiff had a labral tear at all.

 

After an hour and a half of deliberation, the jury returned a verdict in favor of Defendant finding that she was not a proximate cause of any damages incurred by the Plaintiff. No damages were awarded.