Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 39 - GOVERNMENTAL CLAIMS / Article 4 - SPECIFIC PERFORMANCE; ACTIONS FOR
Wyoming Statutes

Wyo. Stat. § 1-39-105 (2026)

Liability; operation of motor vehicles, aircraft

✓ current as of May 2026
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and watercraft.

A governmental entity is liable for damages resulting from
bodily injury, wrongful death or property damage caused by the
negligence of public employees while acting within the scope of
their duties in the operation of any motor vehicle, aircraft or
watercraft.
Notes of Decisions
Cited in 64 cases (4 in the last 5 years), 1980–2025 · leading case: Harbel v. Wintermute, 883 P.2d 359 (Wyo. 1994).
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Harbel v. Wintermute, 883 P.2d 359 (Wyo. 1994). · cites it 36× “Wyo.Stat. § 1-39-105 (emphasis added). To determine whether sovereign or governmental immunity bars this action, we must determine the intent of the legislature as found in the Governmental Claims Act.”
Hamlin v. Transcon Lines, 697 P.2d 606 (Wyo. 1985). · cites it 30× “[6] The first sentence of subsection (a) of § 1-39-104 provides: "A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1-39-105 through 1-39-112." (Emphasis added.”
DeWald v. State, 719 P.2d 643 (Wyo. 1986). · cites it 10× “" Section 1-39-105, W.S. 1977, Cum.Supp. 1985.”
Romero v. Hoppal, 855 P.2d 366 (Wyo. 1993). · cites it 36× “§ 1-39-120 (1988) was adopted, a studied choice was made to extend immunity to maintenance activities despite the waiver in Wyo.Stat § 1-39-105 (1988). In 1991, that choice was revisited and a change was made.”
White v. State, 784 P.2d 1313 (Wyo. 1989). · cites it 10× “1-39-120 provides: "(a) The liability imposed by W.S. 1-39-105 through 1-39-112 does not include liability for damages caused by: "(i) A defect in the plan or design of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area; "(ii) The failure to construct…”
Hamlin v. Transcon Lines, 701 P.2d 1139 (Wyo. 1985). · cites it 10× “The State directs our attention to § 1-39-104(a), which provides in part: "(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1-39-105 through 1-39-112." From this…”
City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991). · cites it 10× “1-39-120, which provided: (a) The liability imposed by W.S. 1-39-105 through 1-39-112 does not include liability for damages caused by: (i) A defect in the plan or design of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area; (ii) The failure to…”
Owen v. City of Indep., 445 U.S. 622 (1980). · cites it 2× “157, § 1 (to be codified as Wyo. Stat. §§ 1-39-105 to 112). [24] Iowa Code § 613A.”
Brown v. City of Casper, 2011 WY 35 (Wyo. 2011). · cites it 4× “" It would probably be good practice also to identify the particular tort at issue as provided in Wyo. Stat. Ann. §§ 1-39-105 through -112.”
Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015). · cites it 4× “§ 1-39-106 , "A governmental entity is liable for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the seope of their duties in the operation or maintenance of any building, recreation area…”
Wyoming State Hosp. & State of Wyoming v. Mary Romine & Donald Romine, as Guardians & Conservators for & On Behalf of Justina Case, Their Ward, 2021 WY 47 (Wyo. 2021). · cites it 3× “Section 1-39-104(a) provides: “A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1-39-105 through 1-39-112.” (emphasis added).”
Oyler v. State, 618 P.2d 1042 (Wyo. 1980). · cites it 4× “The statute now reads: "(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1-39-105 through 1-39-112. Any immunity in actions based on a contract entered into by a…”
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