Prokop

Prokop v. Hockhalter

Good Law
204 F. App'x 722
United States Court of Appeals for the Ninth CircuitJuly 25, 2006No. 04-8086California655 words

Opinion

Lead Opinion

Henry, J.

ORDER AND JUDGMENT *

Plaintiff Robert J. Prokop, M.D., brought this pro se diversity action for breach of contract, negligence, and intentional infliction of emotional distress after an unsatisfactory hunting experience provided by defendant Timbercreek Outfitters, which is a licensed outfitter under Wyo. Stat. Ann. § 23-2-407 , and individual licensed professional hunting guides. He appeals the district court’s entry of summary judgment in favor of defendants, which was based on its determination that the action is barred by the two-year Wyoming statute of limitations applicable to professional services, Wyo. Stat. Ann. § 1-3-107 (a).

The district court’s order raised two questions of Wyoming law which appeared to be determinative of Dr. Prokop’s case: whether the two-year statute of limitations applies to actions against outfitters and *723 professional hunting guides and, if the two-year period does apply, does it apply to both contract and tort claims. See Prokop v. Hockhalter, 137 P.3d 131, 132-33 (Wyo. 2006). There was no controlling Wyoming precedent on these issues, so this court asked the Wyoming Supreme Court to answer the two questions pursuant to Wyo. R.App. P.…

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