Idaho Supreme Court - Civil Decisions 2018

Lanham v. Fleenor  
Date: November 7, 2018
Docket Number: 45488

Justia Opinion Summary: Thomas Lanham appealed the dismissal of his legal malpractice action against his former attorney, Douglas Fleenor. Fleenor represented Thomas in a will contest regarding Thomas’s father. After the magistrate court ruled...

Valiant Idaho v. VP Inc.  
Date: November 1, 2018
Docket Number: 44585

Justia Opinion Summary: This appeal arose out of a failed golf course development project known as “The Idaho Club” undertaken by Pend Oreille Bonner Development, LLC (“POBD”). POBD took out several loans to finance the development of The Idaho...

H20 Environmental v. Farm Supply  
Date: October 17, 2018
Docket Number: 45116

Justia Opinion Summary: The underlying dispute in this case involved a commercial transaction between H2O Environmental, Inc. (H2O) and Farm Supply Distributors, Inc. (Farm Supply). Following a bench trial, H2O was awarded $7,354.64 for Farm Su...

Valiant Idaho v. JV, LLC  
Date: October 15, 2018
Docket Number: 44584

Justia Opinion Summary: This case stems from the foreclosure and lien priority case arising out of the failed Idaho Club golf course and residential housing development project. The developer, Pend Oreille Bonner Development, LLC (“POBD”), took...

Valiant Idaho v. No. Idaho Resorts  
Date: October 11, 2018
Docket Number: 44583

Justia Opinion Summary: This was an action arising out of a failed golf course and residential development project known as the “Idaho Club.” North Idaho Resorts, LLC (“NIR”) appealed an award of discretionary costs and costs as a matter of ri...

Idaho First Bank v. Bridges  
Date: September 21, 2018
Docket Number: 44532

Justia Opinion Summary: This case stemmed from a dispute regarding Idaho First Bank’s (“IFB”) efforts to collect on a note secured by a deed of trust. IFB appealed a district court order granting summary judgment in favor of debtors Maj-Le and...

Seward v. Musick Auction, LLC  
Date: September 19, 2018
Docket Number: 44543

Justia Opinion Summary: This appeal related to a purported agreement resolving a lawsuit between Kevin Seward and Musick Auction, LLC (“Musick”). Seward claimed that the parties entered into a binding oral settlement agreement and he moved to e...

IDHW v. Jane Doe (2018-24)  
Date: September 14, 2018
Docket Number: 46020

Justia Opinion Summary: Jane Doe (2018-24) (“Mother”) appealed a magistrate court’s decision to terminate her parental rights over her daughter (“K.O.”) on grounds of neglect after finding it was in K.O.’s best interest. On appeal Mother contes...

Sparks v. Idaho Dept of Labor  
Date: September 10, 2018
Docket Number: 45420

Justia Opinion Summary: Carla Sparks appealed an Idaho Industrial Commission decision, which affirmed an Idaho Department of Labor (“IDOL”) finding that she was not entitled to unemployment benefits after being discharged by her employer, Laura...

Health & Welfare v. John Doe (2018-17)  
Date: September 7, 2018
Docket Number: 45884

Justia Opinion Summary: John Doe was the biological father of minor child, J.G. J.G. was conceived in Oklahoma about a month before Doe began serving a thirty-five year prison sentence. J.G. was born in 2011. Doe saw J.G. one time when she was...

Hart v. Idaho Secretary of State  
Date: September 7, 2018
Docket Number: 46304

Justia Opinion Summary: Phil Hart appealed a district court’s grant of summary judgment dismissing his action contesting the results of a primary election for a State legislative seat. The district court ruled Hart had failed to demonstrate tha...

Western Community Ins v. Burks Tractor  
Date: September 6, 2018
Docket Number: 44372

Justia Opinion Summary: This appeal concerned the guardianship of a ten-year-old child, Jane Doe II (“Jane”), whose parents passed away in 2017. A family friend petitioned for guardianship; Jane's aunt (twin sister of her mother) also petitione...

Herrett v. St. Luke's Magic Valley RMC  
Date: September 6, 2018
Docket Number: 44567

Justia Opinion Summary: St. Luke’s Magic Valley Regional Medical Center appealed a jury verdict awarding Rodney and Joyce Herrett $3,775,864.21 in a medical malpractice action wherein St. Luke’s admitted liability. On appeal, St. Luke’s argued...

Westover v. Idaho Counties Risk Mgmt Program  
Date: September 6, 2018
Docket Numbers: 44722, 45368

Justia Opinion Summary: This litigation followed an earlier dispute between Val Westover and Jase Cundick, the Franklin County Assessor. That dispute came before the Idaho Supreme Court, where Westover advanced claims for slander of title and i...

Boswell v. Steele  
Date: September 6, 2018
Docket Number: 45454

Justia Opinion Summary: The humans in the events giving rise to this lawsuit were related by blood or marriage: Stephen Boswell was married to Karena Boswell; Karena is Mary Steele’s daughter; Amber was Mary Steele’s granddaughter and owned a S...

In the Interest of Jane Doe II (under 18 years)  
Date: August 22, 2018
Docket Number: 45805

Justia Opinion Summary: The issue this case presented for the Idaho Supreme Court's review centered on the guardianship of a ten-year-old child, Jane Doe II (“Jane”). Both of Jane’s parents passed away in 2017. Thereafter, a family friend with...

Johnson v. Wal-Mart  
Date: August 3, 2018
Docket Number: 45306

Justia Opinion Summary: Michael Johnson suffered injuries after he slipped and fell on a liquid while walking in the housewares department of a Wal-Mart store. Johnson knew neither the source of the substance, nor how long it had been on the fl...

Marquez v. Pierce Painting  
Date: August 3, 2018
Docket Number: 45415

Justia Opinion Summary: Elfego Marquez illegally immigrated from Mexico to the United States. After entering the United States, Marquez went to southern California, where he purchased a social security card and used it to obtain employment wash...

PHH Mortgage v. Nickerson  
Date: August 1, 2018
Docket Number: 45146

Justia Opinion Summary: This case was the second appeal following a judicial foreclosure. Charles and Donna Nickerson initially appealed the district court’s decision to grant summary judgment in favor of PHH Mortgage and J.P. Mortgage Chase Ba...

Brooks v. Wal-Mart (Substitute Opinion)
Date: July 30, 2018
Docket Number: 44634
Eastman v. Farmers Insurance  
Date: July 30, 2018
Docket Number: 44889

Justia Opinion Summary: Appellant Jennifer Eastman sought a declaratory judgment that she was entitled to underinsured motorist insurance coverage (“UIM coverage”) under her auto insurance policy (the “Policy”) with Respondent Farmers Insurance...

KDN Management, Inc. v. WinCo  
Date: July 30, 2018
Docket Number: 45010

Justia Opinion Summary: This appeal involved an Idaho district court’s denial of a jury trial under Rule 39(b) of the Idaho Rules of Civil Procedure and the decision to pierce the corporate veil. The dispute stemmed from a transaction between K...

Smith v. Smith  
Date: July 30, 2018
Docket Number: 45313

Justia Opinion Summary: Victoria H. Smith was nearly 100 years old when she died on September 11, 2013. During her life she married Vernon K. Smith Sr., a lawyer who died of a heart attack in 1966. The couple had three children: Joseph H. Smith...

Taylor v. Taylor  
Date: July 27, 2018
Docket Number: 44833

Justia Opinion Summary: Donna Taylor appealed a district court’s judgment regarding her Series A Preferred Shares in AIA Services Corporation (AIA). In 1987, Donna received 200,000 Series A Preferred Shares in AIA as part of a divorce settlemen...

Hodge v. Waggoner  
Date: July 27, 2018
Docket Number: 45336

Justia Opinion Summary: The estate of Paul Robert Welch (Welch) appealed the grant of summary judgment to the estate of Barbara Sue Chitwood (Chitwood). Chitwood was murdered in August 2015, at which time a dispute arose over ownership of funds...

Woods v. Woods  
Date: July 27, 2018
Docket Number: 45673

Justia Opinion Summary: Marya Woods (Mother) appealed the denial of her petition for modification of the custody schedule for her two minor children: H.W. (Son) and T.W. (Daughter). Both Karl Woods (Father) and Mother sought to modify the sched...

Boe v. Boe  
Date: July 27, 2018
Docket Number: 45727

Justia Opinion Summary: Amelia Johnson, fka Boe (Mother), brought a permissive appeal seeking to challenge custody and support orders issued by the magistrate court in hers and Erik Boe's divorce. Mother and Father divorced in 2010 and, at that...

Wittkopf v. Idaho Dept of Labor  
Date: July 24, 2018
Docket Number: 44909

Justia Opinion Summary: On July 11, 2013, the Idaho Department of Labor (“IDOL”) mailed an eligibility determination for unemployment benefits (the “2013 determination”) to William Wittkopf. This determination found Wittkopf underreported his w...

In the Interest of Jane Doe II (under 18)  
Date: July 10, 2018
Docket Number: 45805

Justia Opinion Summary: Both of ten-year-old Jane Doe II’s parents passed away in 2017. A family friend with whom Jane and her mother had been living (“Friend”) petitioned for guardianship of Jane. Jane’s father’s twin sister (“Aunt”) also peti...

Safaris Unlimited v. Jones  
Date: June 29, 2018
Docket Number: 44914

Justia Opinion Summary: In January 2017, a jury found that an enforceable contract bound Mike Von Jones to pay Safaris Unlimited, LLC, (Safaris) $26,040 for a 2012 big game hunt Jones went on in Zimbabwe, Africa (2012 hunt). After the jury’s ve...

Lunneborg v. My Fun Life  
Date: June 28, 2018
Docket Number: 45200

Justia Opinion Summary: Thomas Lunneborg claimed he was entitled to $60,000 severance because he was terminated without cause. Lunneborg was hired to be Chief Operating Officer (COO) of My Fun Life Corporation (MFL) on April 16, 2014. Lunneborg...

Ekic v. Geico  
Date: June 27, 2018
Docket Number: 45018

Justia Opinion Summary: Ibrahim and Halida Ekic (the Ekics) and the estate of Aldina Ekic appealed district court decisions to grant summary judgment to Geico Indemnity Company (Geico) on their claims of breach of contract, misrepresentations i...

Clarke v. Latimer  
Date: June 26, 2018
Docket Number: 45012

Justia Opinion Summary: This appeal arose out of Michael and Sue Clarke’s attempted recovery of earlier financial losses sustained due to the fraudulent investment practices of Zach Latimer. After obtaining a judgment against Latimer, the Clark...

Smith v. Smith  
Date: June 12, 2018
Docket Numbers: 44970, 45069

Justia Opinion Summary: This consolidated appeal involved the validity of two judgments and their subsequent renewals obtained by Sharon Smith, n/k/a Sharon Bergmann (Sharon) against Vernon Smith (Vernon). The judgments remained unsatisfied, an...

Hansen v. White  
Date: June 8, 2018
Docket Number: 45185

Justia Opinion Summary: At issue in this case was what constituted “good cause” for failing to timely serve a defendant in accordance with the Idaho Rules of Civil Procedure. The case began with a May 2014 auto collision in Idaho Falls involvin...

Middleton v. Coleman Homes  
Date: May 18, 2018
Docket Number: 45105

Justia Opinion Summary: Appellants Coleman Homes, LLC, West Highlands, LLC, West Highlands Subdivision Homeowner’s Association, Inc., and West Highlands Land, LLC appealed a district court order entered in favor of the City of Middleton, Idaho....

Medical Recovery Svc v. Ugaki-Hicks  
Date: May 2, 2018
Docket Number: 44927

Justia Opinion Summary: Medical Recovery Services, LLC (“MRS”), appealed a district court decision that affirmed a magistrate court’s dismissal of an MRS complaint. MRS alleged a right to collect on a debt from Yvonne Ugaki-Hicks, who did not r...

Savage v. Scandit, Inc.  
Date: May 1, 2018
Docket Number: 45143

Justia Opinion Summary: Karen Savage appealed the dismissal of her Idaho Wage Claim Act (“IWCA”) action by the district court. Savage brought this action against her employer Scandit Inc. (“Scandit”) in November 2016 after Scandit failed to pay...

Litke v. Munkhoff  
Date: April 27, 2018
Docket Number: 44735

Justia Opinion Summary: Animal Control Officer Laurie Deus responded to a report of a vicious dog. When she arrived on scene, a black and white pit bull, later identified as “Bo,” aggressively charged anyone who got near him. Bo was declared ag...

Irish v. Hall  
Date: April 26, 2018
Docket Number: 44794

Justia Opinion Summary: Dennis and Wanda Irish appealed a district court order granting a directed verdict in favor of Jeffrey and Dona Hall. The Irishes brought a defamation action against the Halls after the Halls changed their home wireless...

Davison v. DeBest Plumbing  
Date: April 24, 2018
Docket Number: 44625

Justia Opinion Summary: Scott and Anne Davison appealed the grant of summary judgment in favor of DeBest Plumbing (DeBest). In 2012, the Davisons hired Gould Custom Builders, Inc. (Gould) to perform an extensive remodel of their vacation home i...

City of Idaho Falls v. H-K Contractors  
Date: April 24, 2018
Docket Number: 44886

Justia Opinion Summary: The City of Idaho Falls (“Idaho Falls”) appealed an order dismissing its breach of contract and waste claims against H-K Contractors, Inc. (“H-K”). In 2005, H-K entered into a written contract requiring it to convey a pa...

Dept. of Health & Welfare v. Does I  
Date: April 24, 2018
Docket Number: 45020

Justia Opinion Summary: L.P. and E.P. were half-siblings who lived with their maternal grandmother until her sudden death. The Department of Health & Welfare filed a petition for custody of the children under the Child Protection Act (CPA) and...

Budget Truck Sales v. Tilley  
Date: April 20, 2018
Docket Numbers: 45083, 45082

Justia Opinion Summary: Budget Truck Sales, LLC, Brek A. Pilling, Brian L. Tibbets, and Mike Tilley (the “Budget Parties”) and Kent Tilley entered into various oral agreements relating to the purchase, repair and sale of large trucks and heavy...

Brooks v. Wal-Mart  
Date: April 19, 2018
Docket Number: 44634

Justia Opinion Summary: The grant of summary judgment dismissed an action originally brought by Diane Brooks against Wal-Mart Stores, Inc., (“Wal-Mart”) based on injuries Brooks received when she slipped and fell on a puddle of water near a Rug...

Dept. of Health & Welfare v. John Doe (2017-32)  
Date: April 13, 2018
Docket Number: 45435

Justia Opinion Summary: The Idaho Supreme Court reversed the magistrate court in an expedited appeal regarding the termination of John Doe (2017-32)'s parental rights. John Doe is the father of minor children KB and AB (the “Children”). The Chi...

Medical Recovery Svc v. Neumeier  
Date: April 5, 2018
Docket Number: 44836

Justia Opinion Summary: This case centers on efforts to collect payment for medical services. Medical Recovery Services, LLC (“MRS”), appealed a district court decision affirming rulings of the magistrate court in favor of the patient, Jared Ne...

Baker v. KAL, LLC  
Date: April 5, 2018
Docket Number: 44855

Justia Opinion Summary: The district court granted summary judgment in favor of Marian Baker, Trustee of the Marian B. Baker Trust (“Baker”), for an easement over a logging road (“Alexanna Lane”) that crossed the property of KAL, LLC (“KAL”). I...

Petrus Family Trust v. Kirk  
Date: April 4, 2018
Docket Number: 44784

Justia Opinion Summary: Petrus Family Trust and Edmond Petrus, Jr., individually and as trustee of the Petrus Family Trust (collectively, Petrus) sued Chris Kirk d/b/a Kirk Enterprises (Kirk) and several other parties for claims arising from Pe...

Nielson v. Talbot  
Date: April 4, 2018
Docket Number: 44864

Justia Opinion Summary: Appellants Glen and Cheryl Nielson (the “Nielsons”), challenged a district court’s grant of summary judgment in favor of Respondents Robert and Michele Talbot (the “Talbots”) and Paul and Saundra Parker (the “Parkers”)....

Frizzell v. DeYoung  
Date: April 4, 2018
Docket Number: 44975

Justia Opinion Summary: Donald Frizzell (“Frizzell”) appealed the dismissal of his complaint. Frizzell and defendants Edwin and Darlene DeYoung (collectively, the “DeYoungs”), were parties to an existing trust, with Edwin serving as trustee and...

Farm Bureau Ins v. Cook  
Date: March 30, 2018
Docket Number: 44897

Justia Opinion Summary: Edgar and Laurie Cook owned 200 acres of property in Bonner County, Idaho. The Property included Bloom Lake, a cabin, and a campground. The Cooks allowed people to use the lake and campground without charging a fee, but...

Olson v. Moulton  
Date: March 13, 2018
Docket Number: 44498

Justia Opinion Summary: The issue this case presented for the Idaho Supreme Court’s review centered on whether and to what extent an uphill landowner could send irrigation wastewater across a downhill landowner’s property. This case began when...

Jane Doe I v. John Doe (2017-31)  
Date: March 8, 2018
Docket Number: 45419

Justia Opinion Summary: John Doe (Father) appealed a decision to terminate his parental rights to his minor child Jane Doe II (Child). The magistrate court terminated Father’s parental rights on a petition from Child’s Stepfather and Mother, Ja...

Holden v. Weece  
Date: March 7, 2018
Docket Number: 44944

Justia Opinion Summary: Ricky and Kimberly Holden appealed an order granting a water right to their neighbors Jackie and Teresa Weece. . In 1999, the Holdens constructed a well on a portion of their property (Lot 17) and obtained a licensed wat...

Idaho Dept. of Health & Welfare v. John & Jane Doe  
Date: March 6, 2018
Docket Numbers: 45363, 45385

Justia Opinion Summary: John Doe (2017-27) (“the father”) and Jane Doe (2017-27) (“the mother”) appealed magistrate court judgments terminating their parental rights to their daughters (“Z.W.” and “N.W.”). The magistrate court terminated the mo...

Regan v. Owen  
Date: March 5, 2018
Docket Number: 43848

Justia Opinion Summary: This case addressed whether the issuance of a tax deed extinguished a prescriptive easement across a parcel of land by operation of former Idaho Code section 63-1009. The Owens purchased a small parcel of land (“the Orph...

Hartgrave v. City of Twin Falls  
Date: March 5, 2018
Docket Number: 44552

Justia Opinion Summary: Charles Hartgrave appealed an Idaho Industrial Commission (the Commission) order. Hartgrave sustained injuries to his left knee while working for the City of Twin Falls (the City) on February 3, 2009, and August 23, 2012...

Eden v. Idaho  
Date: March 2, 2018
Docket Number: 44716

Justia Opinion Summary: Gary and Glenna Eden sought to file a late notice of claim for their Water Right No. 37-864 which was not claimed during the pendency of the Snake River Basin Adjudication (“SRBA”), and therefore was decreed disallowed....

Fischer v. Croston  
Date: March 2, 2018
Docket Number: 44887

Justia Opinion Summary: This appeal centered on a boundary dispute between neighbors. James and Marjorie Croston appealed the district court’s grant of summary judgment in favor of William and M. Ann Fischer, trustees of the William and Ann Fis...

St. Al's RMC v. Ada Co Sheriff  
Date: March 2, 2018
Docket Number: 45016

Justia Opinion Summary: Saint Alphonsus Regional Medical Center, Inc. (“Saint Alphonsus”) appealed the grant of summary judgment in favor of Ada County Sheriff, Gary Raney, in his official capacity; Ada County; and the Board of Ada County Commi...

Medical Recovery Svcs. v. Lopez  
Date: February 14, 2018
Docket Number: 45019

Justia Opinion Summary: Medical Recovery Services, LLC (“MRS”) appealed a district court’s judgment denying its request for postjudgment attorney fees on an appeal. The dispute arose after MRS attempted to collect a debt owed by Robert Lopez. T...

IDHW v. Doe (2017-36)  
Date: February 9, 2018
Docket Number: 45485

Justia Opinion Summary: Jane Doe (Mother) appealed a magistrate court’s termination of her parental rights to her minor child, A.L. (Child). The Idaho Department of Health and Welfare (IDHW) filed a petition to terminate Mother’s parental right...

Hull v. Geisler  
Date: January 18, 2018
Docket Number: 44562

Justia Opinion Summary: Gregory Hull appealed a district court decision concerning the allocation of development costs he was required to share with Richard Giesler and Idaho Trust Deeds, LLC. This case was the second appeal arising from a seri...

MFG Financial Inc. v. Vigos  
Date: January 18, 2018
Docket Number: 44718

Justia Opinion Summary: Justin Vigos appealed a district court’s decision to reverse a magistrate court’s order granting his motion for summary judgment against MFG Financial, Inc. (MFG). MFG initiated this action to recover damages from a brea...

Mendez v. University Health Svcs BSU  
Date: January 17, 2018
Docket Number: 44090

Justia Opinion Summary: An employee brought claims under provisions of the Idaho Human Rights Act, claiming: (1) the employer unlawfully discriminated against him based on race. He also alleged (2) breach of employment contract and the implied...

In Re: Pocatello Hospital, LLC v. Corazon, LLC  
Date: January 17, 2018
Docket Number: 45187

Justia Opinion Summary: The Idaho Supreme Court answered a certified question of Idaho law from the United States District Court for the District of Idaho. The question certified centered on whether, for purposes of the dispute in this lawsuit,...

Johnson v. Crossett  
Date: January 10, 2018
Docket Number: 44791

Justia Opinion Summary: This case arose out of an oral agreement between David Crossett (“Crossett”) and David Johnson (“Johnson”) to form a limited liability company (“LLC”). After Crossett formed the LLC, Johnson backed out by refusing to sig...

Haight v. Idaho Dept of Transportation  
Date: January 9, 2018
Docket Number: 44863

Justia Opinion Summary: This is an appeal from the district court’s grant of summary judgment against Dea Haight (“Haight”) and the dismissal of her complaint for damages and declaratory and injunctive relief. Haight alleged that the Idaho Depa...

Barnes v. Jackson  
Date: January 9, 2018
Docket Number: 44894

Justia Opinion Summary: Chad and Jane Barnes appealed a district court’s order granting summary judgment and dismissing their lawsuit against Kirk Jackson. In 2014, Barnes filed suit against Jackson seeking a declaration of forfeiture as to Jac...

Melton v. Alt  
Date: January 4, 2018
Docket Number: 44768

Justia Opinion Summary: Appellant Jadwiga Melton (“Jadwiga”), challenged a district court’s determination that Respondent Heinz Alt (“Heinz”), filed a timely claim against the Estate of Robert Ernest Melton (“Robert”) and Hedwig Melton (“Hedy”)...

Black Canyon Irrig Dist v. State / Suez Water  
Date: January 2, 2018
Docket Number: 44636

Justia Opinion Summary: This water rights appeal stemmed from two consolidated subcases, litigated in the Snake River Basin Adjudication (SRBA). The subcases concerned the United States’ late claims (Late Claims) filed in January 2013, which as...

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