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Judge, Idaho Supreme Court · Born 1959
Hurtado v. LAND O'LAKES, INC.
Idaho Supreme Court · 2012-05-29 · cited 60×
This case involved a products liability claim by J & J Calf Ranch against Land O'Lakes, alleging that defective milk replacer caused the deaths of over 100 calves due to scours. After two trials, a jury found in favor of J & J on its breach of the implied warranty of merchantability claim and awarded damages reduced by 40 percent for the plaintiffs' negligence. The Supreme Court of Idaho affirmed the verdict, holding that it was supported by substantial competent evidence and that challenges to expert testimony had been waived. The court also affirmed the district court's award of attorney fees, finding no abuse of discretion in the calculation, and denied fees on appeal to both parties.
torts & liabilityprocedure
Stonebrook Constraction, LLC v. Chase Home Finance, LLC
Idaho Supreme Court · 2012-04-26 · cited 52×
The case involved Stonebrook Construction, LLC seeking to foreclose a mechanic's lien on property owned by the Ashbys after performing construction work there; Chase Home Finance, as successor beneficiary under a deed of trust on the property, defended by arguing the lien was invalid. The district court granted summary judgment to Chase, and the Idaho Supreme Court affirmed, holding that Stonebrook was barred from enforcing the lien because it failed to register as a contractor under the Idaho Contractor Registration Act. Stonebrook's arguments that Chase lacked standing to raise the registration issue, that one member's prior registration sufficed, or that substantial compliance applied were rejected. The court reasoned that the Act requires strict registration by the entity performing the work to protect the public, and the Legislature intended to preclude unregistered contractors from lien enforcement regardless of the outcome's harshness in this instance.
business & regulatorypropertyprocedure
McCormick International USA, Inc. v. Shore
Idaho Supreme Court · 2012-04-26 · cited 10×
The case involved Roberta Shore suing her former divorce attorney, Nicholas Bokides, for legal malpractice after he failed to notify creditor McCormick International USA that she would no longer personally guarantee advances to Bear River Equipment, the business awarded to her ex-husband William under the divorce decree. Bokides admitted the breach of duty but contended that Roberta failed to mitigate damages by not enforcing the decree's hold-harmless provision against William. The Idaho Supreme Court affirmed the district court's judgment for Roberta, concluding that substantial competent evidence supported the finding that she reasonably viewed enforcement efforts against William as futile because he was judgment-proof, and that her recoverable damages were properly limited to obligations arising after the divorce. The court also held that the underlying transaction was not commercial, precluding attorney fees under the relevant statute.
family lawtorts & liability
Carrillo v. BOISE TIRE CO., INC.
Idaho Supreme Court · 2012-04-13 · cited 75×
The case involved a lawsuit by Jose Carrillo, individually and as parent of minor Nayeli Carrillo and representative of the estate of Marisela Lycan, against Boise Tire Company, alleging that negligent tire rotation caused a vehicle accident resulting in Marisela's death, Jose's injuries, and testing of Nayeli. A jury found Boise Tire's conduct reckless and awarded damages; the district court denied Boise Tire's motion for a new trial (after remitting one award) and rejected reductions for subrogation interests or social security benefits under I.C. § 6-1606. On appeal, the Idaho Supreme Court affirmed the denial of a new trial and the rulings on damage reductions and attorney fees under I.C. § 12-120(3), but vacated the judgment as to Jose's personal injury award and remanded for reduction by the value of social security benefits already received.
torts & liabilityprocedure
Trotter v. Bank of New York Mellon
Idaho Supreme Court · 2012-03-23 · cited 32×
Vermont Trotter, a homeowner in default on his loan secured by a deed of trust naming MERS as beneficiary, sued Bank of New York Mellon, MERS, and ReconTrust to halt a nonjudicial foreclosure under Idaho Code § 45-1505, alleging the defendants lacked standing because they had not shown an interest in both the deed and the note and that MERS had no authority to assign the deed. The district court granted the defendants' motion to dismiss for failure to state a claim. On appeal, the Idaho Supreme Court affirmed, holding that standing is not a requirement for initiating nonjudicial foreclosures under the statute and that Trotter waived his arguments regarding MERS's authority to assign the deed by failing to provide supporting authority or a complete record. The court also found Trotter's insurance-payment argument waived and deemed the discovery motion moot after dismissal.
propertyprocedure
Ball v. CITY OF BLACKFOOT
Idaho Supreme Court · 2012-03-23 · cited 9×
The case involved a negligence claim by JoAn and Fred Ball against the City of Blackfoot after JoAn slipped and fell on ice that had accumulated on a municipal pool sidewalk, suffering injuries; the Balls alleged the city failed to keep the sidewalk clear and that its landscaping and snow-piling practices caused unnatural ice buildup. The district court granted summary judgment to the city, relying on Pearson v. Boise City to hold that property owners have no liability for natural accumulations of snow or ice. The Idaho Supreme Court reversed, holding that genuine issues of material fact existed regarding whether the city had applied ice melt to the specific area and whether its practices contributed to excess ice accumulation, making summary judgment improper under the standard that requires construing facts in favor of the non-moving party. The case was remanded for further proceedings.
torts & liabilityprocedure