ultrahazardous activity

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“In Wyrulec Co. v. Schutt, the Wyoming Supreme Court stated that although the standard of care in a case involving an ultrahazardous instrumentality is ‘ordinary care under all of the circumstances[,] …. What constitutes ordinary care increases as the danger increases.’ Wyrulec, 866 P.2d at 762. The court continued: ‘The concept of ordinary care accommodates all circumstances so that the degree of care varies with the circumstances. Ordinary care which is commensurate with the danger does not impose a higher duty, but more fully defines what is ordinary care under the facts presented.’ Id. (quotations and citations omitted). In sum, under Wyoming law, a defendant engaged in an ultrahazardous activity must exercise a degree of care commensurate with the danger to meet the ordinary care standard.” J. Ebel, Hynes v. Energy West, Inc., 211 F.3d 1193, 1197-1198 (10th Cir. 2000).