Idaho Supreme Court - Civil Decisions 2019

Wadsworth Reese v. Siddoway & Co  
Date: July 25, 2019
Docket Number: 46126

Justia Opinion Summary: This case arose from the division of a three-member accounting firm, Siddoway, Wadsworth & Reese, PLLC. The three members of the firm were the personal professional corporations solely owned by each accountant. In early...

Ayala v. Meyers Farms  
Date: July 12, 2019
Docket Number: 46186

Justia Opinion Summary: Mario Ayala was injured while driving a company truck in 2009, and was injured again in 2013 after falling from a ladder. After the hearing, but before the referee issued “recommended findings and determination” in accor...

Aspen Park v. Bonneville County  
Date: July 10, 2019
Docket Number: 45679

Justia Opinion Summary: Aspen Park, Inc., a nonprofit organization, sought a property tax exemption from Bonneville County, Idaho for its low-income apartments. The County’s Board of Equalization denied an exemption because some of the apartmen...

Yu v. ID State University  
Date: July 10, 2019
Docket Number: 46364

Justia Opinion Summary: Jun Yu appealed the dismissal of his claims for alleged violations of 42 U.S.C. section 1983 and breach of contract. Idaho State University dismissed Yu from its doctoral program in clinical psychology in May 2013, with...

Austin v. Bio Tech Nutrients  
Date: June 17, 2019
Docket Number: 46081

Justia Opinion Summary: At issue in this case was whether Brent Austin filed a timely complaint for additional worker's compensation benefits with the Idaho Industrial Commission when it was filed more than a year after his employer, Bio Tech N...

Sylte v. IDWR  
Date: June 14, 2019
Docket Number: 46062

Justia Opinion Summary: This appeal centered on the distribution of water to water right 95-0734 in the Twin Lakes-Rathdrum Creek Drainage Basin. Sylte Ranch, LLC, was the current claimant on water right 95- 0734, which dated from 1875 and prov...

Regdab, Inc. v. Graybill  
Date: June 13, 2019
Docket Number: 45649

Justia Opinion Summary: Buck and Laurie Graybill appealed an award of attorney fees to Regdab, Inc., following entry of a default judgment against them in an action to foreclose on a mechanic’s lien. Graybill objected to the award of attorney f...

McGivney v. Aerocet, Inc  
Date: June 13, 2019
Docket Number: 45700

Justia Opinion Summary: This case involved an appeal brought by Aerocet, Inc., and its surety, the State Insurance Fund, in which they appealed an Idaho Industrial Commission decision involving two worker’s compensation claims brought by George...

Idaho Retired Firefighters v. Public Employy Retirement Bd  
Date: June 13, 2019
Docket Number: 45769

Justia Opinion Summary: This case involved a dispute over how the Idaho Public Employee Retirement Board calculated the annual cost of living adjustment (COLA) for retirees who participated in the Firemen’s Retirement Fund (FRF). The Idaho Indu...

McGimpsey v. D&L Ventures  
Date: June 13, 2019
Docket Numbers: 46024, 46112, 46023

Justia Opinion Summary: Starting in February of 2014, Philip McGimpsey (“McGimpsey”) and his wife Jolene leased a home from D&L Ventures, Inc. D&L was a Nevada corporation owned by David Asher and his wife Georgina. The residential property McG...

Does v. Doe  
Date: June 13, 2019
Docket Number: 46458

Justia Opinion Summary: This case was an expedited appeal of a magistrate court’s termination of the parental rights of John Doe (Father) to his eight-year-old minor child (IW). John and Jane Doe I, the maternal grandmother and step-grandfather...

Picatti v. Miner  
Date: June 7, 2019
Docket Number: 45499

Justia Opinion Summary: This appeal arose from the district court’s decision to bar Steven Picatti’s 42 U.S.C. section 1983 claims against two deputies on the basis of collateral estoppel. In July 2014, Picatti struggled to drive home because r...

Smith v. Idaho, Industrial Special Indemnity Fund  
Date: June 7, 2019
Docket Number: 45674-2018

Justia Opinion Summary: Kevin Smith appealed an Idaho Industrial Commission order that concluded the Idaho Industrial Special Indemnity Fund (ISIF) was not liable to him for worker’s compensation benefits. The Commission determined that Smith f...

Smith v. State of Idaho, Industrial Special Indemnity Fund
Date: June 7, 2019
Docket Number: 45674
Turcott v. Estate of Clarence D. Bates  
Date: June 7, 2019
Docket Number: 45920-2018

Justia Opinion Summary: Believing that she would be inheriting half of her father’s estate, Deann Turcott and her husband spent considerable time and money making improvements on the father’s land. However, the father subsequently changed his w...

Turcott v. Estate of Clarence D. Bates  
Date: June 7, 2019
Docket Number: 45920

Justia Opinion Summary: Believing that she would be inheriting half of her father’s estate, Deann Turcott and her husband spent considerable time and money making improvements on the father’s land. However, the father subsequently changed his w...

Eller v. Idaho State Police  
Date: May 24, 2019
Docket Numbers: 45698, 45699

Justia Opinion Summary: This appeal arose out of a retaliation action under the Idaho Protection of Public Employees Act (the “Whistleblower Act”) and a negligent infliction of emotional distress claim against the Idaho State Police. Plaintiff...

Security Investor Fund v. Crumb  
Date: May 23, 2019
Docket Number: 45969

Justia Opinion Summary: In 2005, Brian Crumb, Frankie McFeron-Crumb, and Marian Crumb joined together with Richard Abbey and Keri Ann Abbey to form Abbey & Crumb Developments, LLC, for the purpose of developing an eighteen-lot subdivision near...

Hardy v. Phelps  
Date: May 20, 2019
Docket Number: 45933

Justia Opinion Summary: In the early 1980s, Ronald and Donna Phelps purchased seven parcels of property in Mores Creek Heights, a subdivision in Boise County. Two of those seven lots are at issue in this appeal (“Lot 26” and “Lot 27”). On Octob...

Moser v. Rosauers  
Date: May 15, 2019
Docket Number: 46004

Justia Opinion Summary: Miranda Moser dislocated her right shoulder when she lifted a 24-pack of soda while working as a cashier for Rosauers Supermarkets, Inc. (“Rosauers”). Rosauers accepted the claim even though Moser had a pre-existing hist...

Erickson v. Idaho Board of Licensure of Professional Engineers & Professional Land Surveyors  
Date: May 14, 2019
Docket Number: 45205

Justia Opinion Summary: The Idaho Board of Licensure of Professional Engineers and Professional Land Surveyors (the Board), through its executive director, Keith Simila, brought disciplinary proceedings against Chad Erickson for allegedly viola...

Kosmann v. Dinius  
Date: May 14, 2019
Docket Number: 45779

Justia Opinion Summary: David Kosmann appealed a district court judgment relating to a dispute that arose from the sale of real property. He claimed the district court erred in enforcing an oral settlement agreement reached in mediation between...

Dickinson Frozen Foods v. J.R. Simplot Co.  (2nd Amnd)
Date: May 3, 2019
Docket Number: 45580
Dickinson Frozen Foods v. J.R. Simplot Co.
Date: April 22, 2019
Docket Number: 45580
Ehrlich v. IDOL  
Date: April 4, 2019
Docket Number: 45845

Justia Opinion Summary: Denise M. Ehrlich appealed an Idaho Industrial Commission (the Commission) order that determined she was ineligible for unemployment benefits. The Commission affirmed the determination of the Idaho Department of Labor an...

Oliveros v. Rule Steel  
Date: March 28, 2019
Docket Number: 45782

Justia Opinion Summary: Bryan Oliveros filed a complaint with the Idaho Industrial Commission (“Commission”) after he was involved in a work related accident at Rule Steel Tanks, Inc. (“Rule Steel”). The accident resulted in the partial amputat...

DHW v. Jane Doe  
Date: March 18, 2019
Docket Number: 46230

Justia Opinion Summary: Mother Jane Doe appealed a magistrate court’s termination of her parental rights to her child T.G.E. At the time she gave birth, Mother had pending felony drug charges and an active warrant for her arrest; the child’s um...

Greenwald v. Western Surety  
Date: March 15, 2019
Docket Number: 45404

Justia Opinion Summary: At the summary judgment stage, the district court found that an employee of Greenwald Neurosurgical, P.C. caused over $100,000 in losses to the P.C., while he was acting in the ordinary course of the P.C.’s business. The...

Aguilar v. Idaho ISIF  
Date: March 14, 2019
Docket Number: 45581

Justia Opinion Summary: Arturo Aguilar appealed the Findings of Fact and Conclusions of Law and Order of the Idaho Industrial Commission in which it concluded the Idaho Industrial Special Indemnity Fund (ISIF) was not liable to him for worker’s...

DHW v. Jane Doe  
Date: March 14, 2019
Docket Number: 46476

Justia Opinion Summary: Mother Jane Doe appealed a magistrate court’s judgment terminating her parental rights to her minor children. The judgment also terminated the parental rights of the children’s father, who appealed in a separate action....

DHW v. John Doe  
Date: March 14, 2019
Docket Number: 46482

Justia Opinion Summary: Father John Doe appealed a magistrate court’s judgment terminating his parental rights to his minor children. The judgment also terminated the parental rights of the children’s mother (she appealed in a separate action)....

DHW v. Jane Doe & John Doe  
Date: March 12, 2019
Docket Numbers: 46440, 46441

Justia Opinion Summary: John Doe (“Father”) and Jane Doe (“Mother”) appealed a magistrate court's judgment terminating their parental rights to two children (“D.E.” and “T.E.”). The magistrate court terminated Mother and Father’s parental right...

DHW v. Jane Doe  
Date: March 5, 2019
Docket Number: 46457

Justia Opinion Summary: Jane Doe (Mother) appealed a magistrate court order terminating her parental rights to her child. The child was born with methamphetamine in her system and was declared in imminent danger, with the Idaho Department of He...

Jackson v. Crow  
Date: March 4, 2019
Docket Number: 45450

Justia Opinion Summary: In 2010, Kermit Jackson filed a complaint against Jennifer Crow arising from a 2008 automobile collision. No substantive action took place in the trial court until 2016 when Crow moved for summary judgment. In the interi...

Verity v. USA Today, et al  
Date: March 4, 2019
Docket Number: 45530

Justia Opinion Summary: The Idaho Supreme Court considered a permissive appeal that presented a case of first impression regarding whether the tort of defamation by implication existed in Idaho. Respondent James Verity was a school teacher in O...

St. Lukes v. Bd of Commissioners of Gem Co  
Date: February 27, 2019
Docket Number: 45614

Justia Opinion Summary: In 2016, St. Luke’s Health System, Ltd. accepted an indigent patient suffering from meningitis, seizures, and brain lesions. The patient was ready for transfer to another medical facility by February 18, 2016, but was re...

SilverWing v. Bonner County  
Date: February 26, 2019
Docket Number: 45052

Justia Opinion Summary: This appeal stemmed from a dispute between SilverWing at Sandpoint, LLC (“SilverWing”) and Appellant Bonner County, Idaho (the “County”). SilverWing sought to develop a residential hangar and taxiway adjacent to the Sand...

Colafranceschi v. Moody  
Date: February 25, 2019
Docket Number: 45554

Justia Opinion Summary: At issue in this appeal was the administrative order entered by Administrative District Judge Melissa Moody for the Fourth District declaring appellant, Mark Colafranceschi, a vexatious litigant pursuant to Idaho Court A...

T3 Enterprises v. Safeguard Business Sys  
Date: February 21, 2019
Docket Number: 45093

Justia Opinion Summary: In 2006, T3 Enterprises entered into the Distributor Agreement with Safeguard Business Systems (SBS). In 2014, T3 filed suit alleging SBS had breached the Distributor Agreement by failing to prevent other SBS distributor...

Mulberry v. Burns Concrete  
Date: February 21, 2019
Docket Number: 45184

Justia Opinion Summary: Burns Concrete, Inc., and Canyon Cove Development Company, LLP, (Canyon Cove), appealed a district court judgment in favor of Nora Mulberry and TN Properties, LLC, (collectively, Mulberry) regarding the extinguishment of...

Thurston and T3 v. Safeguard  
Date: February 19, 2019
Docket Number: 45092

Justia Opinion Summary: This appeal arose in the context of Safeguard Business Systems, Inc.’s (“SBS”) alleged breach of its distributorship agreement with Thurston Enterprises, Inc. (“Thurston”). After a jury trial Thurston was awarded approxi...

Dickinson Foods v. J.R.Simplot  
Date: February 13, 2019
Docket Number: 45580

Justia Opinion Summary: In December 2016, the J.R. Simplot Company (Simplot) filed suit in Washington state relating to the dissolution of a business relationship between Simplot and two entities Simplot co-owned with Frank Tiegs (Tiegs). Dicki...

Bailey v. Birch  
Date: February 8, 2019
Docket Number: 45451

Justia Opinion Summary: Bruce Birch appealed a district court decision to affirm a magistrate court decision to award attorney fees against Birch. This case concerned the disposition of the estate of Birch and Linda Bailey’s mother, Ruth Birch....

Keller v. Ameritel Inns; IDOL  
Date: February 8, 2019
Docket Number: 45555

Justia Opinion Summary: AmeriTel Inns, Inc. appealed an Idaho Industrial Commission decision granting Megan Keller unemployment benefits after her employment with AmeriTel ended in June 2017. AmeriTel asked the Idaho Supreme Court to adopt a br...

Galvin v. City of Middleton  
Date: February 8, 2019
Docket Number: 45578

Justia Opinion Summary: The City of Middleton (the City) appealed the district court’s grant of summary judgment to Martin and Patricia Galvin on their claim of prescriptive easement and its award of attorney fees to the Galvins pursuant to Ida...

Regan v. Denney  
Date: February 5, 2019
Docket Number: 46545

Justia Opinion Summary: On November 20, 2018, the Acting Governor of Idaho issued a proclamation that Proposition 2 had passed, and subsequently the Idaho Code was amended to add section 56-267, a statute to expand Medicaid eligibility in Idaho...

McFarland v. Liberty Insurance Corp  
Date: January 30, 2019
Docket Number: 45781

Justia Opinion Summary: Appellants Ryan and Kathryn McFarland owned real property in Garden Valley, Idaho, which feathred three structures insured through Liberty Mutual Insurance Group: a main cabin; a detached garage with an upstairs “bonus r...

Scout, LLC v. Truck Insurance  
Date: January 29, 2019
Docket Number: 45349

Justia Opinion Summary: This case stemmed from Truck Insurance’s refusal to defend its insured, Scout, LLC, in a trademark infringement action brought over Scout’s use of the trademark ROGUE in the advertisement of its restaurant, Gone Rogue Pu...

Floyd v. Bd of Ada County Commissioners  
Date: January 29, 2019
Docket Number: 45421

Justia Opinion Summary: This appeal arose out of an Ada County Board of Commissioners’ decision to direct issuance of a tax deed. The property owner, James Floyd, was incarcerated in the county jail throughout the proceedings, and alleged he ne...

Order Re: Vexatious Litigant (Van Hook)  
Date: January 29, 2019
Docket Number: 45459

Justia Opinion Summary: This case began as a highly contentious divorce proceeding between vexatious litigant-appellant Ronald Van Hook and his then-wife Dawn Cannon, in which Van Hook lost custody of his children (hereinafter the Canyon County...

Smith v. Treasure Valley Seed Co.  
Date: January 29, 2019
Docket Number: 45543

Justia Opinion Summary: Vernon K. Smith (Smith) appealed a district court’s award of sanctions. This case originally arose from a contract for the sale of lima beans between Victoria Smith (“Victoria”) and Treasure Valley Seed Company (“TVSC”)....

Atkinson v. 2M Company, Inc.  
Date: January 29, 2019
Docket Number: 45918

Justia Opinion Summary: 2M Company Inc. (“2M”) appealed an Industrial Commission (“Commission”) decision that determined Matthew Atkinson was entitled to reasonable medical benefits for injuries he sustained in an accident on his way to work. T...

Monitor Finance v. Wildlife Ridge Estates  
Date: January 9, 2019
Docket Number: 45517

Justia Opinion Summary: Monitor Finance, L.C., and First Capital Funding, L.C., (collectively referred to as the Beneficiaries) were the holders of a deed of trust, which encumbered the real property claimed to be owned in fee simple by Wildlif...

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