Wyoming Statutes

Wyo. Stat. § 1-39-120 (2026)

Exclusions from waiver of immunity.

✓ current as of May 2026

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(a) The liability imposed by W.S. 1-39-106 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 or reconstruct any
bridge, culvert, highway, roadway, street, alley, sidewalk or
parking area; or

          (iii) The maintenance, including maintenance to
compensate for weather conditions, of any bridge, culvert,
highway, roadway, street, alley, sidewalk or parking area.

     (b) Notwithstanding the waiver of immunity for tort
liability provided by W.S. 1-39-105 through 1-39-112 or the
waiver of immunity in actions based on contract provided by W.S.
1-39-104, a governmental entity and its public employees while
acting within the scope of duties are immune from a civil action
in tort, contract or otherwise alleging, in whole or in part,
the improper seizure of property pursuant to W.S. 35-7-1049.

Notes of Decisions

Cited in 20 cases (2 in the last 5 years), 1989–2024 · leading case: White v. State, 784 P.2d 1313 (Wyo. 1989).

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White v. State, 784 P.2d 1313 (Wyo. 1989). · cites it 41× “The district court granted the Highway Department's summary judgment motion, holding that appellant's cause of action for the negligent maintenance of a highway was barred by W.S. 1-39-120. Appellant now challenges the constitutionality of that statute.”

Romero v. Hoppal, 855 P.2d 366 (Wyo. 1993). · cites it 45× “The State next points to an affidavit given by the sponsor of the legislation which deleted the reference in W.S. 1-39-120 to section 1-39-105 claiming that because the sponsor felt it necessary to amend W.”

Evelyn Difelici, f/n/a Evelyn Barnes v. City of Lander, 2013 WY 141 (Wyo. 2013). · cites it 8× “Wyo. Stat. Ann. § 1-39-120 (LexisNexis 2013).”

City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991). · cites it 12× “1982), until 1986 when the Wyoming legislature repealed this waiver and enacted W.S. 1-39-120, which provided: (a) The liability imposed by W.”

Newberry v. Bd. of Cnty. Commissioners, 919 P.2d 141 (Wyo. 1996). · cites it 18× “The thrust of the court’s ruling was that immunity was available under Wyo. Stat. § 1-39-120 (1988). The court also held that the immunity had not been waived by the Statement and, further, there had been no waiver of immunity by participating in the local government…”

Duran v. Bd. of Cnty. Commissioners, 787 P.2d 971 (Wyo. 1990). · cites it 5× “l-39-113(a) (June 1988 Repl); that pursuant to W.S. 1-39-120 (June 1988 Repl.) the County was immune from suit for claims of damages arising out of the maintenance of a roadway; and that the claim could not be made under W.”

Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015). · cites it 2× “Board of County Comm'rs of Fremont County ], 919 P.2d [141,] 146 [(Wyo.1996)], we recognized that maintenance of a trestle on a trail fell within the waiver for a "recreation area," although we ultimately held the State was immune because Wyo.”

Weber v. State, 2011 WY 127 (Wyo. 2011). · cites it 4× “2d at 146 , we recognized that maintenance of a trestle on a trail fell within the waiver for a "recreation area," although we ultimately held the State was immune because Wyo. Stat. Ann. § 1-39-120 provided specific immunity for maintenance of a bridge within a recreation area.”

Sponsel v. Park Cnty., 2006 WY 6 (Wyo. 2006). · cites it 2× “1-39-106 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 or reconstruct any bridge, culvert, highway, roadway,…”

Amrein v. Wyoming Livestock Bd., 851 P.2d 769 (Wyo. 1993). · cites it 2× “§ 1-39-101 through § 1-39-120 (1988 & Cum.Supp. 1992), to allege pleading a date of filing the claim.”

DiVenere v. Univ. of Wyoming, 811 P.2d 273 (Wyo. 1991). · cites it 4× “The University of Wyoming also argues that the ramps or concourses are included within the retraction of immunity found in W.S. 1-39-120: § 1-39-120. Exclusions from waiver of immunity.”

Harbel v. Wintermute, 883 P.2d 359 (Wyo. 1994). · cites it 2× “1-39-105 and W.S. 1-39-120 based on the record in this case? A.”

Show all 20 citing cases →

— Wyo. Stat. § 1-39-120(a) — 1 case

Romero v. Hoppal, 855 P.2d 366 (Wyo. 1993). “The State next points to an affidavit given by the sponsor of the legislation which deleted the reference in W.S. 1-39-120 to section 1-39-105 claiming that because the sponsor felt it necessary to amend W.”

— Wyo. Stat. § 1-39-120(a)(i) — 1 case

Martinez v. City of Cheyenne, 791 P.2d 949 (Wyo. 1990).

— Wyo. Stat. § 1-39-120(a)(iii) — 5 cases

Evelyn Difelici, f/n/a Evelyn Barnes v. City of Lander, 2013 WY 141 (Wyo. 2013). “Wyo. Stat. Ann. § 1-39-120 (LexisNexis 2013).”

White v. State, 784 P.2d 1313 (Wyo. 1989). “The district court granted the Highway Department's summary judgment motion, holding that appellant's cause of action for the negligent maintenance of a highway was barred by W.S. 1-39-120. Appellant now challenges the constitutionality of that statute.”

Duran v. Bd. of Cnty. Commissioners, 787 P.2d 971 (Wyo. 1990). “l-39-113(a) (June 1988 Repl); that pursuant to W.S. 1-39-120 (June 1988 Repl.) the County was immune from suit for claims of damages arising out of the maintenance of a roadway; and that the claim could not be made under W.”

Evelyn Difelici, f/n/a Evelyn Barnes v. City of Lander, 2013 WY 141 (Wyo. 2013).

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