Roush v. Roush, 589 P.2d 841, 1979 Wyo. LEXIS

353 (Wyo. 1979). Defense of “unavoidable accident”. — The “unavoidable accident” term means “an accident in which there is no negligence by either party.” This defense may be available even though not pleaded. Krahn v. Pierce, 485 P.2d 1021, 1971 Wyo. LEXIS 223 (Wyo. 1971). Exemption from execution. — A judgment debtor who claims an exemption from execution with respect to funds in a joint bank account must assume the burden of establishing en- titlement to the exemption. Hancock v. Stock- mens Bank & Trust Co., 739 P.2d 760, 1987 Wyo. LEXIS 468 (Wyo. 1987). Immunity under Wyoming Governmen- tal Claims Act (chapter 39 of title 1) is “avoidance or affirmative defense.” Pickle v. Board of County Comm’rs, 764 P.2d 262, 1988 Wyo. LEXIS 151 (Wyo. 1988). And raisable by summary judgment mo- tion. — A board of county commissioners could raise an omitted affirmative defense of govern- mental immunity for the first time by a motion for summary judgment, where no prejudice to the adverse party was alleged. Pickle v. Board of County Comm’rs, 764 P.2d 262, 1988 Wyo. LEXIS 151 (Wyo. 1988). Defense of immunity from suit. — Com- pany’s claim that it was statutory employer under workers’ compensation provisions, and that it was entitled to immunity from suit, was not pleaded as an affirmative defense, and although this is not specifically enumerated as being an affirmative defense, it clearly fits the description of “any other matter constituting an avoidance of affirmative defense”. Texas Gulf Sulphur Co. v. Robles, 511 P.2d 963, 1973 Wyo. LEXIS 170 (Wyo. 1973) (for present provisions dealing with worker’s compensation, see §§ 27- 14-101 through 27-14-805). V. PLEADING TO BE CONCISE AND DIRECT; CONSISTENCY Technical forms of pleading have no place in Wyoming practice. — Subdivision (e)(1) makes it clear that technical forms of pleading no longer have a place in Wyoming practice, and that each averment of a pleading shall be simple, concise and direct. Guggenmos v. Tom Searl-Frank McCue, Inc., 481 P.2d 48,