(Download) "Milton v. Mitchell" by Supreme Court of the United States # Book PDF Kindle ePub Free
eBook details
- Title: Milton v. Mitchell
- Author : Supreme Court of the United States
- Release Date : January 04, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The narrow question to be decided in this case is whether the phrase "scope of his duties" found in § 1-39-114, W.S. 1977 (Cum.Supp. 1987), and used throughout the Wyoming Governmental Claims Act, §§ 1-39-101 through 1-39-120, W.S. 1977 (Cum. Supp. 1987), is interchangeable with the term "scope of employment." Julian A. Milton, Jr. (Milton) filed an action against Charles A. Mitchell (Mitchell) seeking damages, in the alternative, for negligence in representing to Milton that he had been employed as a teacher in the Laramie school system, or for breach of an implied contract of employment. Mitchell moved for summary judgment, invoking the one-year statute of limitations prescribed in § 1-39-114, W.S. 1977 (Cum.Supp. 1987). The district court found that Mitchell "was not acting outside the scope of his employment" in the course of his dealings with Milton, and it held that summary judgment was appropriate because Miltons action was filed more than one year after he filed a claim pursuant to § 1-39-113, W.S. 1977 (Cum.Supp. 1987). We conclude that "scope of employment" is a different standard from "scope of duty," and it is not properly invoked for purposes of applying the statute of limitations found in § 1-39-114, W.S. 1977 (Cum.Supp. 1987). We reverse - Page 373 the summary judgment and remand the case for a decision on the merits.
 "Milton v. Mitchell" by Supreme Court of the United States # Book PDF Kindle ePub Free){kind=link}