Charles Bunning was driving 65 mph in a 50 mph zone on November 1, 2017, weaving through rush-hour traffic on U.S. Route 85 in Cheyenne when he collided with Ernest Romero's pickup truck. Romero had stopped at a stop sign at the intersection of US 85 and Country West Road before attempting to turn left onto the highway. The collision left Bunning with broken toes and a head injury, while Romero suffered a broken neck. Bunning sued Romero for $23,180 in damages, claiming Romero negligently failed to yield the right of way.
Writing for a unanimous five-judge panel, Justice Hill held that Wyoming's comparative fault statute applied to the collision despite Bunning's statutory right-of-way on the through highway. The court found Bunning more than 50 percent at fault for the accident, barring recovery under Wyoming law. "Mr. Bunning was speeding and was not operating his vehicle reasonably and prudently under the circumstances as he approached the intersection," the district court had found, while also concluding that Romero "failed to yield the right of way and failed to ensure he could safely pass in front of Mr. Bunning's vehicle."
The district court had delivered particularly sharp criticism of Bunning's driving, noting that "[h]ad Mr. Bunning been driving the speed limit and not weaving in and out of traffic as he approached the intersection, the collision may have been avoided and his injuries may have not been as severe." The court emphasized that Bunning "admitted he saw Mr. Romero's vehicle at the stop sign waiting to enter and cross southbound US 85, yet he chose to weave in and out of traffic and speed as he approached the intersection."
The case reached the Wyoming Supreme Court after District Judge Peter H. Froelicher conducted a one-day bench trial in Laramie County. Froelicher found that both drivers owed duties to operate their vehicles reasonably, and both breached those duties. A Wyoming Highway Patrol trooper had estimated Bunning's speed at 65 mph based on 135 feet of skid marks, while witnesses described Bunning as driving "excessively fast" and "careless," with his vehicle appearing to "come out of nowhere."
Bunning argued that Romero's violation of the stop sign statute should have made Romero strictly liable, rendering Bunning's driving conduct irrelevant. The Supreme Court rejected this argument, finding no language in Wyoming's right-of-way statute that would preclude application of comparative fault principles. "Section 31-5-222 includes no language precluding the application of comparative fault principles to negligence actions arising out of vehicle accidents involving a violation of the statute," Justice Hill wrote.
The court distinguished Wyoming's approach from jurisdictions that might treat right-of-way violations differently, noting that the state legislature has specifically limited comparative fault in other contexts, such as seat belt usage and dram shop cases. "If the Wyoming Legislature intended to preclude the application of § 1-1-109 to violations of § 31-5-222, it would have expressly included plain clear language to that effect," Justice Hill explained. "It did not."
The ruling reinforces Wyoming's commitment to its modified comparative fault system, under which plaintiffs who are more than 50 percent at fault cannot recover damages. The court emphasized that having the right of way does not absolve drivers of their duty to exercise reasonable care, citing precedent that "[t]he rights of persons on the streets are relative, and though one is given the right of way by the law aforesaid, it remains his duty to exercise reasonable care to avoid collisions with other vehicles."
The decision provides guidance for attorneys handling traffic collision cases in Wyoming, clarifying that statutory right-of-way protections do not create immunity from comparative fault analysis. The ruling suggests that egregious driving conduct—such as excessive speeding and aggressive lane changes—can overcome right-of-way advantages in fault allocation, potentially affecting settlement strategies in similar cases.