[DOWNLOAD] "Brown V. Avery" by Supreme Court of Wyoming ~ Book PDF Kindle ePub Free

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eBook details

• Title: Brown V. Avery
• Author : Supreme Court of Wyoming
• Release Date : January 09, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The issues in this case evolve from the failure of a police officer to arrest a driver whom the officer had stopped for a traffic violation and whom the officer realized had consumed alcoholic beverages. The significant legal question relates to whether there was a causal relationship, qualifying under the concept of proximate cause, between the failure to arrest and a roll over of the vehicle driven by the individual who was not arrested. The case was decided by a summary judgment and presents the usual threshold question of whether a genuine issue of material fact is found in the record. Collateral issues are raised with respect to whether the trial court abused its discretion in refusing to grant a continuance to permit the deposition of a nonmoving party, and whether the trial court committed a second abuse of discretion in failing to grant a motion for a change of judge. Our review of the record persuades us there is no genuine issue of material fact, and the trial court correctly concluded that the police officer and his employer, the City of Laramie, were entitled to judgment as a matter of law. In addition, we hold the trial court did not abuse its discretion in refusing to grant the continuance sought or in refusing to grant the motion for a change of judge. The summary judgment entered by the trial court is affirmed.

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