Idaho Supreme Court - Civil Decisions 2017

Clark v. Jones Gledhill Fuhrman Gourley  
Date: December 27, 2017
Docket Number: 44477

Justia Opinion Summary: In March 2016, Eric Clark and Clark and Associates, PLLC (collectively, Clark) sued the law firm of Jones Gledhill Fuhrman Gourley, P.A., and two individuals associated with that firm, William Fuhrman and Christopher Gra...

Lincoln Land Co v. LP Broadband  
Date: December 26, 2017
Docket Number: 44612

Justia Opinion Summary: Lincoln Land Company, LLC (“Lincoln Land”) appealed a district court’s judgment which dismissed Lincoln Land’s complaint. LP Broadband cross-appeals the district court’s denial of LP Broadband’s motion for attorney fees....

Dept. of Health & Welfare v. Doe I (2017-21)  
Date: December 22, 2017
Docket Number: 45207

Justia Opinion Summary: This cases involved the statutory termination of parental rights by two adoptive parents after John Doe I (“Child”) was alleged to have sexually assaulted a sibling. John and Jane Doe adopted Child in June 2016. The Does...

Mortensen v. Berian  
Date: December 21, 2017
Docket Number: 44303

Justia Opinion Summary: Galust Berian filled in a ditch on property owned by Yvette Sturgis. The ditch served property owned by Jade and Kylie Mortensen. The Mortensens sued Berian and Sturgis seeking damages and to have the ditch reopened. Ber...

Nettleton v. Canyon Outdoor Media  
Date: December 21, 2017
Docket Number: 44416

Justia Opinion Summary: This case arose from an employment agreement between Allen Nettleton and Canyon Outdoor Media, LLC (“Canyon Outdoor”). The parties disagreed with respect to Nettleton’s entitlement to commission wages following his resig...

Jobe v. Dirne Clinic / Heritage Health  
Date: December 21, 2017
Docket Number: 44604

Justia Opinion Summary: At issue before the Idaho Supreme Court in this appeal centered on an Industrial Commission order denying that Dr. Richard Jobe’s Methicillin-resistant Staphylococcus aureus (“MRSA”) constituted a compensable occupationa...

United States v. Black Canyon Irrigation Dist.  
Date: December 21, 2017
Docket Number: 44635

Justia Opinion Summary: This water rights appeal stems from two consolidated subcases, numbers 65-23531 and 65-23532, litigated in the Snake River Basin Adjudication (SRBA). The subcases concerned the United States’ late claims filed in January...

Ada Co Bd of Equalization v. J.R. Simplot  
Date: December 21, 2017
Docket Number: 44898

Justia Opinion Summary: The J.R. Simplot Foundation appealed a district court’s ruling that the charitable property tax exemption under Idaho Code section 63-602C did not apply to the property known as Jack’s Urban Meeting Place (JUMP) while JU...

Swafford v. Huntsman Springs Inc  
Date: December 13, 2017
Docket Number: 44240

Justia Opinion Summary: Appellants Ronald and Margaret Swafford challenged a district court’s grant of summary judgment in favor of Respondent Huntsman Springs, Inc. The action stemmed from the Swaffords’ claim that Huntsman Springs failed to c...

John & Jane Doe (2017-19) v. John & Jane Doe I  
Date: December 8, 2017
Docket Number: 45180

Justia Opinion Summary: Jane Doe and John Doe (2017-19) (“Mother,” “Father,” and collectively, “Parents”) appealed a magistrate court’s Final Judgment terminating their parental rights to Jane Doe II (“Child”). Jane Doe I and John Doe I (“Grand...

Wechsler v. Wechsler  
Date: December 6, 2017
Docket Number: 44297

Justia Opinion Summary: Appellant Norman Wechsler and Respondent Sharon Wechsler, divorced in New York in 2005. A Divorce Judgment was entered by the New York County Clerk on February 3, 2006, setting forth a distribution of the parties’ proper...

Idaho Board of Land v. Hudson  
Date: December 4, 2017
Docket Number: 44418

Justia Opinion Summary: Philip Hudson appealed a district court’s grant of partial summary judgment in favor of the State of Idaho, the Idaho State Board of Land Commissioners and the Idaho Department of Lands (collectively, the “State”). The d...

Current v. Dept of Labor  
Date: December 4, 2017
Docket Number: 44683

Justia Opinion Summary: Dennis Current appealed an Idaho Industrial Commission decision that determined he was ineligible for unemployment benefits based on willful underreporting of his earnings to the Idaho Department of Labor (“IDOL”). IDOL...

Cedillo v. Farmers Ins. Co. of Idaho  
Date: November 29, 2017
Docket Number: 43890

Justia Opinion Summary: This was an insurance bad faith case arising out of a claim for underinsured motorist coverage. In May 2008, Peggy Cedillo was injured in a collision while riding as a passenger on the back of a motorcycle. About a year...

Paslay v. A&B Irrigation District  
Date: November 29, 2017
Docket Number: 44446

Justia Opinion Summary: At issue in this matter was landowners’ recourse against an irrigation district for diverting a portion of their water source to other landowners within the district. The appellants-landowners owned farms in Jerome Count...

CMJ Properties v. JP Morgan Chase Bank  
Date: November 29, 2017
Docket Number: 44526

Justia Opinion Summary: In a quiet title action, a landowner brought suit against a lender to extinguish a deed of trust that was recorded against the landowner’s property. The landowner claimed that the lender’s time to foreclose the deed of t...

Schweitzer Basin Water Co. v. Schweitzer Fire Dist.  
Date: November 28, 2017
Docket Number: 44249

Justia Opinion Summary: Schweitzer Fire District (the District) appealed a district court’s grant of a writ of prohibition on behalf of Schweitzer Basin Water Company (the Company) that prevented the District from taking proposed enforcement ac...

Phillips v. Gomez  
Date: November 8, 2017
Docket Number: 44594

Justia Opinion Summary: This case arose out of Richard Gomez’s breach of a real estate agreement for the sale and purchase of residential real estate from Todd Phillips in his capacity as Trustee of Trust “A” of the Elliott Family Trust. Philli...

Searle v. Searle  
Date: November 8, 2017
Docket Number: 45029

Justia Opinion Summary: Lisa Searle, nka Loosle (“Mother”) appealed a magistrate judge’s order which modified the current child custody plan outlined in the 2013 order between Mother and Dustin Searle (“Father”). Mother argued the magistrate ju...

Manwaring Investments, L.C. v. City of Blackfoot  
Date: November 3, 2017
Docket Number: 44393

Justia Opinion Summary: Manwaring Investments, L.C., owner of a commercial building in the City of Blackfoot, appealed a district court order granting summary judgment to the City. Manwaring sued the City in October 2014, alleging the City was...

Coeur d' Alene Tribe v. Johnson  
Date: November 3, 2017
Docket Number: 44478

Justia Opinion Summary: Kenneth and Donna Johnson appealed a district court judgment recognizing a tribal judgment from the Coeur d’Alene Tribal Court (Tribal Court). The Johnsons owned land within the Coeur d’Alene Reservation (Reservation) on...

Employers Resuorce Mgmt Co v. Ronk  
Date: November 3, 2017
Docket Number: 44511

Justia Opinion Summary: In 2016, the Economic Advisory Council (“the EAC”), a body created under authority of Idaho Code section 67-4704, granted a tax credit of $6.5 million to Paylocity, an Illinois corporation. Employers' Resource Management...

Washington Federal v. Hulsey  
Date: October 31, 2017
Docket Numbers: 43936, 44190

Justia Opinion Summary: This case arose out of the foreclosure of nine commercial condominium units owned by Michael Hulsey and SM Commercial Properties, LLC. Prior to a sheriff’s sale, SM Commercial Properties filed bankruptcy. Eventually the...

Dunn v. Idaho Tax Commission  
Date: September 25, 2017
Docket Number: 44378

Justia Opinion Summary: Linda Dunn appealed a district court’s judgment affirming the Idaho State Tax Commission’s deficiency determination. The Commission issued a deficiency against Linda after determining that her one-half community interest...

Bedard & Musser v. City of Boise  
Date: September 22, 2017
Docket Number: 44171

Justia Opinion Summary: This is an easement dispute between two adjoining landowners and a claim to quiet title. Plaintiffs Bedard and Musser, and Boise Hollow Land Holdings, RLLP (collectively, Boise Hollow) filed suit against Boise City seeki...

Doe II v. Doe I  
Date: September 22, 2017
Docket Number: 44997

Justia Opinion Summary: John Doe I (“Father”) appealed a magistrate court’s order terminating his parental rights to Jane Doe I (“Child”). Father argued the court erred in concluding he neglected Child because Jane Doe (“Mother”) prevented Fath...

Jane Doe I v. Jane Doe II  
Date: September 21, 2017
Docket Number: 44874

Justia Opinion Summary: Jane Doe II (“Grandmother”) raised her two young granddaughters, VG and CG. Grandmother met Jane Doe I (“Former Girlfriend”) soon after CG’s birth. Grandmother and Former Girlfriend were involved in a romantic relationsh...

Taylor v. Riley  
Date: September 20, 2017
Docket Number: 43686

Justia Opinion Summary: The issue this case presented for the Idaho Supreme Court’s review centered on a judgment dismissing claims against an attorney and a law firm that he later joined based upon an opinion letter issued by the attorney in h...

Regan v. Owen  
Date: September 8, 2017
Docket Number: 43848

Justia Opinion Summary: The Idaho Supreme Court addressed the issue of whether a prescriptive easement across a parcel of land was extinguished by operation of former Idaho Code section 63-10091 when that parcel was sold by tax deed. The Owens...

Watkins v. Watkins  
Date: September 7, 2017
Docket Number: 44036

Justia Opinion Summary: This case involved Arthur Watkins’ (Father) attempt to recover damages based on a default by his son, Arnold Douglas Watkins (Son or Doug), under a real estate installment contract. The question presented for the Idaho S...

Hill-Vu Mobile Home Pk v. City of Pocatello  
Date: September 6, 2017
Docket Number: 44074

Justia Opinion Summary: At issue in this appeal was a judgment dismissing an action seeking to recover money unlawfully collected by the City of Pocatello from users of the City’s water and sewer systems. In 2005, the city government decided th...

Hammer v. Ribi  
Date: August 25, 2017
Docket Number: 44447

Justia Opinion Summary: Sharon Hammer appealed a district court’s order dismissing her complaint. Hammer’s action against Nils Ribi alleged that he assaulted her during a city council meeting on September 15, 2011. Hammer was employed as City A...

Krucker v. Idaho State Tax Commission  
Date: August 24, 2017
Docket Number: 43832

Justia Opinion Summary: This appeal presents a narrow question of law relating to state income tax liability. Zippora Stahl was an Idaho resident who died in 2010. At the time of her death, Stahl owned real property located in Chino, California...

Barrios v. Zing, LLC  
Date: August 24, 2017
Docket Number: 44554

Justia Opinion Summary: While employed by Zing LLC, Josue Barrios (“Claimant”) was totally and permanently disabled as a result of an industrial accident when he fell about twelve feet from a ladder and hit his head face first on a concrete flo...

Nate v. Denney  
Date: July 18, 2017
Docket Number: 45001

Justia Opinion Summary: House Bill No. 67 passed the Idaho State House on February 2, 2017, and it was transmitted to the Senate. The bill was amended twice in the Senate, and it passed the Senate, as amended, on March 22, 2017, and was returne...

Bailey v. Peritus I Assets Management  
Date: July 12, 2017
Docket Number: 44357

Justia Opinion Summary: Shawn Bailey sued several parties, including Peritus I Assets Management, LLC (Peritus), for claims allegedly arising out of his employment at American Medical File, Inc. (AMF), doing business as OnFile. Bailey alleged c...

Kunz v. Nield, Inc.  
Date: July 11, 2017
Docket Number: 43724

Justia Opinion Summary: This appeal arose out of an agent contract dispute between Bret Kunz (“Bret”) and Nield, Inc. (“N.I.”) authorizing Bret to sell insurance on behalf of N.I. N.I. is owned by two brothers, Bryan Nield (“Bryan”) and Benjami...

Weymiller v. Lockheed Idaho Technologies  
Date: July 11, 2017
Docket Number: 44109

Justia Opinion Summary: Claimant-appellant Penny Weymiller, a former employee of Lockheed Idaho Technologies (“Lockheed”), appealed the Idaho Industrial Commission’s order that she was not entitled to additional medical care in relation to her...

Chandlers-Boise v. Idaho Tax Commission  
Date: July 11, 2017
Docket Number: 44211

Justia Opinion Summary: Chandler’s-Boise, LLC (“Chandlers”), challenges a district court’s grant of summary judgment upholding the Idaho State Tax Commission’s (the “Commission”) deficiency determination. Chandlers owned and operated a restaura...

Krinitt v. Idaho Dept of Fish & Game  
Date: July 11, 2017
Docket Number: 44326

Justia Opinion Summary: Perry Krinitt, Sr. appealed the district court’s grant of summary judgment in favor of the State of Idaho and the Department of Fish and Game (IDFG). Perry Krinitt, Jr. (“Perry”) was a pilot for Leading Edge Aviation. He...

Idaho Independent Bank v. Frantz  
Date: July 10, 2017
Docket Number: 44252

Justia Opinion Summary: Marty and Cindy Frantz executed a series of commercial guaranties so that Idaho Independent Bank (“Bank”) would lend money to Eagle Ridge on Twin Lakes, Inc. (“Eagle Ridge”), a closely held corporation in which the Frant...

Swafford v. Huntsman Springs  
Date: July 6, 2017
Docket Number: 44240

Justia Opinion Summary: Appellants Ronald and Margaret Swafford challenged a district court’s grant of summary judgment in favor of Respondent Huntsman Springs, Inc. The action stemmed from the Swaffords’ claim that Huntsman Springs essentially...

Ellefson v. Palmer  
Date: June 30, 2017
Docket Number: 43712

Justia Opinion Summary: Ashley Palmer (Palmer) and Stephen Palmer appealed a district court’s order granting Lisa Ellefson’s motion for a new trial under Idaho Rule of Civil Procedure 59(a)(6). Ellefson was involved in an automobile accident ca...

McCall v. Silva Dairy  
Date: June 29, 2017
Docket Number: 43547

Justia Opinion Summary: This was a companion case to Green River Ranches, LLC v. Silva Land Company, LLC, Docket No. 43548. In an appeal arising out of Twin Falls County, Appellant Silva Dairy, LLC (“Silva Dairy”), challenged a district court’s...

Fuquay v. Low  
Date: June 29, 2017
Docket Number: 44155

Justia Opinion Summary: John Fuquay, Clinton Fuquay, and Hailey Fuquay (the Fuquays), appeal the district court’s grant of summary judgment to Gilbert King, as Trustee of the Heart K Ranch Trust, the Estate of Gordon King, Rose King (the Kings)...

H & W v. Jane Doe (2017-3)  
Date: June 29, 2017
Docket Number: 44764

Justia Opinion Summary: This case was previously before the Idaho Supreme Court in In Matter of Doe (2016-14), 389 P.3d 141 (2016). There, the Court vacated the judgment terminating Jane Doe’s parental rights to her son M.R. and remanded the ca...

H20 Environmental v. Proimtu MMI  
Date: June 23, 2017
Docket Number: 44148

Justia Opinion Summary: The issue presented in this contract dispute was whether personal jurisdiction was proper over an out-of-state defendant. It centered on two out-of-state companies, one of which, H2O Environmental, Inc. (“H2O”), was regi...

Fletcher v. Lone Mountain Rd Assoc  
Date: June 21, 2017
Docket Number: 43741

Justia Opinion Summary: Rocky and Delores Fletcher (“the Fletchers”) appealed a district court judgment in which they sought a declaratory judgment outlining the rights and responsibilities of property owners in the Twin Lakes Meadows Subdivisi...

Forbush & Hymas v. Sagecrest POA  
Date: June 20, 2017
Docket Number: 44053

Justia Opinion Summary: Travis Forbush and Gretchen Hymas, individually and as natural parents of McQuen Forbush and Breanna Halowell (Appellants), appealed the grant of summary judgment to Respondents Sagecrest Multifamily Property Owners’ Ass...

Bright v. Maznik  
Date: June 20, 2017
Docket Number: 44129

Justia Opinion Summary: Whitney Bright appealed the grant of summary judgment to Roman and Natalya Maznik. The Mazniks owned property who leased an apartment to James and Katherine Thomas, owners of a Belgian Shepherd. When Bright visited the T...

City of Blackfoot v. Spackman  
Date: June 20, 2017
Docket Number: 44207

Justia Opinion Summary: The Bingham County District Court affirmed a ruling by the Idaho Department of Water Resources denying the City of Blackfoot’s (City) application for a water right to be offset by mitigation through another water right....

Martinez v. Carrasco  
Date: June 20, 2017
Docket Number: 44622

Justia Opinion Summary: At issue in this case was the modification of a default judgment requiring that the parents of a child rotate custody of their three-year-old child every three weeks. The father lived in Blackfoot; the mother lived out o...

Re: Termination of Parental Rights  
Date: June 20, 2017
Docket Numbers: 44795, 44796

Justia Opinion Summary: Jane Doe (“Mother”) and John Doe (“Father”) were married for twenty-five years and had eleven children between three years of age and twenty-two years of age. In March 2015, the family moved to Spirit Lake, Idaho, to bec...

Hauser Lake Rod & Gun Club v. City of Hauser  
Date: June 9, 2017
Docket Number: 44095

Justia Opinion Summary: This appeal originated from a claim for attorney fees under Idaho Code section 12-117. The district court held that Hauser Lake Rod and Gun Club, Inc. was not entitled to attorney fees under section 12-117 because, even...

Health & Welfare v. John Doe (2017-4)  
Date: June 9, 2017
Docket Number: 44767

Justia Opinion Summary: John Doe appealed a magistrate court’s decision terminating his parental rights. The magistrate court terminated Doe’s rights on the statutory basis of Idaho Code section 16-2005(1), namely, that Doe was incarcerated and...

Jane Doe v. Jane Doe I  
Date: June 7, 2017
Docket Number: 44419

Justia Opinion Summary: The issue at the center of this case, presented for the Idaho Supreme Court's review, required it to resolve a custody dispute between Jane Doe I, Child’s natural mother, and Jane Doe, the natural mother’s former partner...

Greenfield v. Smith  
Date: June 6, 2017
Docket Number: 43831

Justia Opinion Summary: This was a legal malpractice case that addressed the statute of limitations applicable to professional malpractice claims, how a statute of limitations is calculated when the last day for filing a complaint falls on a Su...

Health & Welfare v. Jane Doe (2016-47)  
Date: June 2, 2017
Docket Number: 44704

Justia Opinion Summary: Jane Doe (“Doe”) appealed the magistrate court’s judgment granting the Idaho Department of Health and Welfare’s (“IDHW”) petition to terminate her parental rights. Doe claimed that the magistrate court erred by: (1) term...

Portfolio Recovery Assoc v. MacDonald  
Date: June 1, 2017
Docket Number: 43346

Justia Opinion Summary: After review of the documents and affidavits proffered in support of Plaintiff Portfolio Recovery Associates, LLC’s (“PRA”) position, the Idaho Supreme Court concluded they did not contain adequate foundation and were no...

Christy v. Grasmick Produce  
Date: May 31, 2017
Docket Number: 43968

Justia Opinion Summary: Claimant-appellant Jimmy Christy, Jr. appealed an Idaho Industrial Commission that found him ineligible for unemployment benefits based upon a willful underreporting of earnings to the Idaho Department of Labor. The appe...

Henrie v. Church of Latter-Day Saints  
Date: May 31, 2017
Docket Number: 44091

Justia Opinion Summary: The Idaho Supreme Court determined the district court did not err when it found that the Church did not have a special relationship with Henrie such that it had an affirmative duty to control or protect him, nor was ther...

Doe II v. Doe I  
Date: May 31, 2017
Docket Number: 44662

Justia Opinion Summary: In a parental rights termination and adoption case, John Doe I (“Father”) was incarcerated for second degree murder. He was given a minimum fifteen year sentence, with a subsequent indeterminate period not to exceed life...

McCall v. Silva  
Date: May 26, 2017
Docket Number: 43548

Justia Opinion Summary: This consolidated action began as four separate lawsuits arising from transactions involving a dairy operation. This appeal focused on the claims asserted by Jack McCall against Max Silva personally. Max Silva appeals fr...

Baughman v. Wells Fargo Bank  
Date: May 26, 2017
Docket Number: 43640

Justia Opinion Summary: Chevy Chase Bank foreclosed on property recorded in Melissa Kempton-Baughman’s name. Plaintiff and her husband apparently tried to work out a plan to cure the default in payments. The deed of trust identified the note, a...

Fisher v. Garrison Property & Casualty Ins. Co.  
Date: May 26, 2017
Docket Number: 44117

Justia Opinion Summary: Plaintiff’s action to recover under an insurance policy for the loss of her house caused when a renter (who had an option to purchase) demolished it. The trial court determined the insurance policy at issue excluded for...

Andrews v. Idaho Industrial Special Indemnity Fund  
Date: May 26, 2017
Docket Number: 44241

Justia Opinion Summary: Steven Andrews filed for workers’ compensation benefits after he fell from a ladder in 2009 while working for the Corporation of the Church of Jesus Christ of Latter Day Saints (LDS Church). Andrews sought to establish t...

Ada Co Hwy Dist v. Brooke View, Inc.  
Date: May 23, 2017
Docket Number: 43452

Justia Opinion Summary: The Ada County Highway District (“ACHD”) appealed a district court judgment awarding $148,390.21 plus prejudgment interest and attorney’s fees to Brooke View, Inc. d/b/a The Senator (“Brooke View”) as just compensation f...

Arnold v. City of Stanley  
Date: May 12, 2017
Docket Number: 43868

Justia Opinion Summary: At issue in this appeal was whether the Stanley City Council erred in denying a building permit application submitted by Thomas and Rebecca Arnold. The Arnolds own property in Stanley. From 2009 to 2011, the Arnolds and...

Quigley v. Kemp  
Date: May 11, 2017
Docket Number: 43725

Justia Opinion Summary: Idaho discovery rules require a testifying witness to disclose the basis and reasons for all opinions and all of the data and information considered by the witness in forming the opinions. The issue central to this case...

Harmon v. State Farm Mutual Auto Ins Co.  
Date: May 11, 2017
Docket Number: 43802

Justia Opinion Summary: The Idaho Supreme Court concluded the district court erred in determining that the insurer did not breach its insurance contract with its insureds, and in dismissing the insureds’ bad faith claim that resulted from that...

Salinas v. Bridgeview Estates  
Date: May 9, 2017
Docket Number: 44186

Justia Opinion Summary: Leticia Salinas injured her back while working for Bridgeview Estates (“Employer”). After receiving medical treatment for roughly six weeks, her workers’ compensation benefits were temporarily denied by Old Republic Insu...

Deiter v. Coons  
Date: May 1, 2017
Docket Number: 42634

Justia Opinion Summary: Plainitffs appealed when their claims against a person who sold a steer for slaughter were dismissed. The steer was later found to be contaminated with E. coli bacteria. Patty Anderson agreed to sell a 4-H steer for her...

American Semiconductor v. Sage Silicon Solutions  
Date: April 28, 2017
Docket Number: 43011

Justia Opinion Summary: American Semiconductor, Inc. sued to recover damages arising out of Zilog, Inc., contracting with Sage Silicon Solutions, LLC, to perform engineering services for it, where that entity was formed by, and the services wer...

Tucker, et al v. Idaho  
Date: April 28, 2017
Docket Number: 43922

Justia Opinion Summary: Sovereign immunity is inapplicable when constitutional violations are alleged. Appellants brought a class action suit against the State, alleging Idaho’s public defense system was inadequate under federal and state const...

Fisher v. Garrison Property & Casualty Ins  
Date: April 28, 2017
Docket Number: 44117

Justia Opinion Summary: The faulty, inadequate, or defective work exclusion did not apply to the loss in this case. At issue in this appeal was the dismissal of Plaintiff’s action seeking to recover under an insurance policy for the loss of her...

Medical Recovery Svcs v. Siler  
Date: April 28, 2017
Docket Number: 44139

Justia Opinion Summary: The district court erred in affirming the magistrate’s decision that Medical Recovery Services, LLC (MRS) was estopped from requesting attorney fees under Idaho Code section 12-120(5). MRS attempted a garnishment of Penn...

Joki v. Idaho Bd of Education  
Date: April 27, 2017
Docket Number: 43907

Justia Opinion Summary: The Idaho Supreme Court concluded the district court did not err in dismissing the State Defendants under the Constitutionally Based Educational Claims Act (“CBECA”). This appeal arose from Russell Joki’s action challeng...

Westover v. Cundick  
Date: April 14, 2017
Docket Number: 44046

Justia Opinion Summary: Val and LaRee Westover appealed the district court’s judgment and denial of their request for writs of mandate and prohibition against Franklin County Assessor Jase Cundick. The dispute arose when the Westovers granted a...

Lopez v. Vanbeek Herd Partnership  
Date: April 12, 2017
Docket Number: 44160

Justia Opinion Summary: Enrique Lopez appeals an order of the Idaho Industrial Commission (“Industrial Commission”) declining to award him additional workman’s compensation income benefits for binaural hearing loss he sustained as a result of a...

Griffith v. JumpTime Meridian, LLC  
Date: April 10, 2017
Docket Number: 44133

Justia Opinion Summary: In 2014, seventeen-year-old plaintiff Seth Griffith was seriously injured when he attempted a triple front flip into a pit filled with foam blocks at an indoor trampoline park owned and operated by JumpTime Meridian, LLC...

Dept. of Health & Welfare v. Jane Doe (2016-32)  
Date: March 10, 2017
Docket Number: 44408

Justia Opinion Summary: Jane Doe (Mother) appeals the Bonneville County magistrate court’s termination of her parental rights to her two minor children, K.J.M. and K.M.M. (Children). The Idaho Department of Health and Welfare (IDHW) became invo...

Kelly v. Wagner  
Date: March 2, 2017
Docket Number: 42301

Justia Opinion Summary: This appeal arose from a lawsuit brought by a contractor, Michael Kelly against his former client, Pamela Wagner, alleging nonpayment of amounts due to him for the performance of construction work. The district court fou...

Rish v. Home Depot  
Date: February 28, 2017
Docket Number: 43677

Justia Opinion Summary: This appeal arose from an Industrial Commission (the Commission) order denying medical care benefits to Channel Rish. Rish worked as a cashier at Home Depot. While working on October 30, 2005, Rish slipped on a floor mat...

Wyman v. Eck  
Date: February 28, 2017
Docket Number: 43730

Justia Opinion Summary: In 2011, John Wyman first visited Julie L. Scott, P.A., to address a lesion he had discovered on his left heel. P.A. Scott diagnosed the lesion as an infected wart, prescribed antibiotic ointment, and instructed John to...

Agstar Financial v. Gordon Paving Co, Inc.  
Date: February 27, 2017
Docket Number: 43747

Justia Opinion Summary: Gordon Paving Company, Inc., Northwest Sand & Gravel, Inc., Blackrock Land Holdings, LLC (collectively, “Gordon Paving”), Brandon Hansen, an individual, Brian Hansen, an individual, Carol Hansen GPC Nevada Trust, Craig H...

Agstar Financial v. NW Sand & Gravel  
Date: February 24, 2017
Docket Number: 42932

Justia Opinion Summary: AgStar Financial Services, ACA (AgStar) appealed the district court’s award of attorney fees to Northwest Sand & Gravel, Inc., Gordon Paving Company, Inc., and Blackrock Land Holdings, LLC (collectively, Gordon Paving),...

Visser v. Auto Alley, LLC  
Date: February 24, 2017
Docket Number: 43432

Justia Opinion Summary: Auto Alley, LLC, Calvin Visser, and Vicki Visser appealed a district court order granting a writ of possession and quieting title to certain real property in Douglas Visser. Douglas was awarded the property in his divorc...

Nicholson v. Coeur d'Alene Placer Mining Corp  
Date: February 24, 2017
Docket Number: 43440

Justia Opinion Summary: This case was an appeal of a judgment: (1) denying recovery on an alleged oral promise to grant the Plaintiffs a right of first refusal with respect to a parcel of real property they were leasing; (2) denying recovery on...

Watkins Co. v. Estate of Michael Storms  
Date: February 24, 2017
Docket Number: 43649

Justia Opinion Summary: The Watkins Company, LLC appealed the award of attorney fees to the Estate of Michael Storms (Storms) and Brownstone Companies, Inc. (Brownstone). Watkins brought this action in 2010 seeking a temporary restraining order...

Davis v. Hammack Mgmt.  
Date: February 24, 2017
Docket Number: 43863

Justia Opinion Summary: Claimant Gary Davis, employer Hammack Management, Inc., surety the Idaho State Insurance Fund, and the Idaho Industrial Special Indemnity Fund (“ISIF”) entered into a compensation agreement (“Stipulation”). The parties a...

Rodriguez v. Consolidated Farms, LLC  
Date: February 23, 2017
Docket Number: 43708

Justia Opinion Summary: Appellants, Consolidated Farms LLC, dba Elk Mountain Farms (“Employer”), and Indemnity Insurance Company of North America, appealed an Idaho Industrial Commission’s finding that Respondent Rodrigo Rodriguez was totally a...

Schoorl v. Guild Mortgage Co  
Date: February 2, 2017
Docket Number: 43902

Justia Opinion Summary: In 2015, the Plaintiffs filed this action seeking to quiet title in a strip of land that was 34.56 feet wide and 314.70 feet long. They alleged that they had satisfied the requirements for acquiring title to the property...

Union Bank, N.A. v. North Idaho Resorts  
Date: January 27, 2017
Docket Number: 42467

Justia Opinion Summary: North Idaho Resorts (NIR) appealed the district court’s grant of summary judgment in favor of Union Bank, N.A. (Union Bank) in a mortgage priority dispute. The district court held that NIR did not possess a vendor’s lien...

Union Bank, N.A. v. JV L.L.C  
Date: January 27, 2017
Docket Number: 42479

Justia Opinion Summary: JV, LLC (JV) appealed the district court’s grant of summary judgment in favor of Union Bank, N.A. (Union Bank) in a mortgage priority dispute. Union Bank sought to foreclose a mortgage on a property known as “Trestle Cre...

Molen v. Christian  
Date: January 24, 2017
Docket Number: 43755

Justia Opinion Summary: Appellant Michael Molen appealed the district court’s summary judgment dismissal of his legal malpractice action. The malpractice action stems from respondent Ronald Christian’s representation of Molen in a criminal case...

Green v. Green  
Date: January 23, 2017
Docket Number: 42916

Justia Opinion Summary: Dwight Randy Green, Kathy Lefor, and Gary Green (collectively, “Siblings”), appealed the district court’s grant of summary judgment and dismissal of their lawsuit against James Green (“James”). Siblings brought this acti...

Salladay v. Bowen  
Date: January 23, 2017
Docket Number: 43603

Justia Opinion Summary: Eric and Kathryn Bowen purchased property in Caldwell through a tax deed sale conducted by the Caldwell Irrigation Lateral District (CILD). G. Lance Salladay brought suit arguing that the sale was void because the proper...

Lee v. Litster  
Date: January 20, 2017
Docket Number: 43554

Justia Opinion Summary: Jeremy and Jessica Litster appealed a district court dismissal on summary judgment. The case concerned the enforceability of three promissory notes, which were prepared and issued by Jeremy to Jason Lee , Scott McNab, an...

Gallagher v. Best Wester Cottontree  
Date: January 19, 2017
Docket Number: 43695

Justia Opinion Summary: Geralyn Gallagher appealed when her lawsuit against the Best Western Cottontree Inn (the Hotel) and Snake River Peterson Properties LLC (Snake River) was dismissed. The district court held that the amended complaint did...

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