Idaho Imputed Fault Law
 

Jacob A. Wilde v. Mackala M. Wild, n/k/a Mickayla M. Taggart


Payette, Idaho divorce lawyers represented husband and wife in a marriage dissolution action.



Wilde and Taggart’s judgment and decree of divorce was entered on June 18, 2018. The parties are the parents of one minor child, E.W., born in 2015. The original judgment ordered Wilde to payTaggart$143.07 in child supportper month.

Less than two mont... More...
   $0 (09-24-2024 - ID)

Mary Jensen, et a. v. J&S Transporation, et al.

Boise, Idaho personal injury lawyer represented the Plaintiffs who sued on auto neligence theoires.

Idaho follows the modified comparative negligence rule. Under this rule, a plaintiff (the injured party) can only recover damages if their percentage of fault is less than 50%. If the plaintiff is found to be 50% or more responsible for the accident, they cannot recover damages.... More...
   $1 (05-06-2024 - ID)

Joseph Dory and Gregory Jones v. United States of America

Boise, Idaho personal injury lawyer represented the Plaintiffs who sued on Federal Tort Claims Act negligence theories.

Idaho follows the modified comparative negligence rule. Under this rule, a plaintiff (the injured party) can only recover damages if their percentage of fault is less than 50%. If the plaintiff is found to be 50% or more responsible for the accident, they cannot recover ... More...
   $1 (03-27-2024 - ID)

Mark B. Peteson v. FedEx Ground Package System, Inc

Boise, Idaho personal injury truck wreck lawyers represented the Plaintiff who sued on an auto negligence theory.

This case was filled in the Ada County District Court, CV01-23-05561, and was removed to federal court by FedEx Ground Package System, Inc.

Idaho follows the modified comparative negligence rule. Under this rule, a plaintiff (the injured party) can only recover damage... More...
   $0 (03-07-2024 - ID)

Shawn Miller v. Kim B. Delano and Rio Rancho 2000, LLC

Boise, Idaho personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

This case was filed in the Fifth Judicial District - Twin Falls, CV42-22-03607 and was removed to federal court by the Defendant.

Idaho Auto Negligence Law

Duty of Care: Every driver in... More...
   $1 (11-22-2023 - ID)

Teresa Watson v. Christina O'Connor and Bus Fleet North America, Inc.

Boise, Idaho personal injury bus wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

Idaho Auto Negligence Law:

Duty of Care: Every driver in Idaho has a duty to operate their vehicle safely and follow traffic laws to avoid harming others. This includes avoiding behaviors... More...
   $1 (02-09-2023 - ID)

Kennedy v. Hagadone Hospitality Co.

On August 13, 2013, the Idaho Department of Labor (IDOL) mailed two Determinations of Overpayment and an Eligibility Determination (Determinations) to Mitchell Kennedy at the address he had provided when filing for unemployment benefits. The Determinations informed Kennedy that he had the right to appeal, or protest, the Determinations and that the last day to do so was August 27, 2013. The Determ... More...    $0 (09-26-2015 - ID)

Dennis Ray Hennefer v. Blaine County School District #61

The appellant, Blaine County School District #61 (School), appeals from a jury verdict and post-trial orders favoring the respondents, Dennis and Maryann Hennefer, the parents of Austin Hennefer, who died in a T-bone type automobile accident while performing a three-point turnabout at the instruction of Jeffrey Mecham, a School driver training instructor. The jury returned a special verdict, findi... More...    $0 (03-30-2015 - ID)

Emily E. Suter v. Jeffrey C. Biggers

This appeal arises from a custody dispute between Jeffrey Biggers (“Jeff”) and Emily Suter (“Emily”) over their two children. The trial court entered a temporary order that the boys enroll in school in Emmett, Idaho, until the conclusion of trial. After trial, the court found that it would be in the boys’ best interests to remain in the Emmett area. Consistent with this finding, the cour... More...    $0 (11-13-2014 - ID)

Susan Latta v. C.L. Otter, "Butch"; Governor of the State of Idaho

Both Idaho and Nevada have passed statutes and enacted constitutional
amendments preventing same-sex couples from marrying and refusing to recognize
same-sex marriages validly performed elsewhere.2 Plaintiffs, same-sex couples
1A disposition in Jackson v. Abercrombie, Nos. 12-16995 & 12-16998, is
forthcoming separately.
2Idaho Const. Art. III, § 28 (“A marriage between a man... More...
   $0 (10-07-2014 - ID)

Saint Alphonsus Diversified Care, Inc. v. MRI Associates, L.L.P.

This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp... More...    $0 (08-04-2014 - ID)

William P. Teurlings v. Mallory E. Larson

This appeal arises from an action filed against Mallory Martinez1, a National Guard member, by William Teurlings. Teurlings alleged he suffered personal injury and economic damage resulting from a vehicle collision caused by Martinez’s negligence. Martinez moved for summary judgment asserting immunity under I.C. § 6-904(4), which provides immunity to National Guard members for claims arising ou... More...    $0 (02-10-2014 - ID)

Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP

This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp... More...    $0 (06-17-2014 - ID)

John Gustav Block v. City of Lewiston

John Block appeals the district court’s grant of summary judgment dismissing his negligence and gross negligence claims against the City of Lewiston. We affirm the district court.
2
I. FACTUAL AND PROCEDURAL BACKGROUND
In 2005, Block purchased property in Lewiston, Idaho, from Jack Streibick for real estate development. Block then submitted an application to resubdivide the property ... More...
   $0 (06-17-2014 - ID)

In the Matter of the Termination of Parental Rights of John Doe (2013-30) and the Matter of the Adoption of John Doe I.

This is an expedited appeal by John Doe (“Father”) from an order terminating Father’s parental rights over his minor child (“Child”) and granting Child’s stepfather’s (John Doe II) (“Stepfather”) Petition to Adopt Child. The magistrate court found that Father had abandoned Child and failed to maintain regular contact with and support the minor child without just cause. Father sto... More...    $0 (06-24-2014 - ID)

Trevor Taft v. Jumbo Foods, Inc.

This appeal arises from litigation involving a motor vehicle accident in Oneida County. Passenger Trevor Taft was injured when driver Derek Gummersall, the son of Clay Gummersall, lost control of a 1988 Ford Ranger. At the time of the accident, Clay was an employee of Jumbo Foods, Inc., in whose name the vehicle was titled. David, Wendy, and Trevor Taft (“the Tafts”) sued Jumbo Foods under the... More...    $0 (11-26-2013 - ID)

Insight, LLC v. Patrick Gunter

This is an appeal from a district court trial regarding a dispute over two liens on real property: a deed of trust and a mortgage. Appellants (“Insight”) are assignees of a mortgage secured by 160 acres of real property owned by Summitt, Inc. (“Summitt”), which includes an 18-acre parcel of land that Summitt purchased from the Respondents (“the Gunters”). The Gunters hold a deed of tru... More...    $0 (01-24-2013 - ID)

Bud Rountree v. Boise Baseball, LLC

This is a permissive appeal of an interlocutory order that declined to limit the duty owed by baseball stadium owners and operators to spectators injured by foul balls. Boise Baseball, LLC, Boise Hawks Baseball Club, LLC, and Home Plate Food Services, LLC, (collectively “Boise Baseball”) sought, and we granted, a permissive appeal of the district court’s order. We affirm.

I.

FA... More...
   $0 (02-22-2013 - ID)

Insight, LLC v. Patrick Gunter

This is an appeal from a district court trial regarding a dispute over two liens on real property: a deed of trust and a mortgage. Appellants (“Insight”) are assignees of a mortgage secured by 160 acres of real property owned by Summitt, Inc. (“Summitt”), which includes an 18-acre parcel of land that Summitt purchased from the Respondents (“the Gunters”). The Gunters hold a deed of tr... More...    $0 (01-24-2013 - ID)

Capstar Radio Operating Company v. Douglas P. Lawrence

This appeal involves a dispute over whether Capstar Radio Operating Company, (“Capstar”), holds an easement over the property of Douglas and Brenda Lawrence. Capstar filed a Motion for Summary Judgment, alleging in the alternative, that an easement existed based on the theory of either an easement by implication, an easement by necessity, or a prescriptive easement. The district court filed it... More...    $0 (05-29-2012 - ID)

Beatriz Nava v. Christian R. Rivas-Del Toro

This personal injury action arising out of a traffic accident was dismissed against the owners of the truck driven by the person who was allegedly at fault on the ground that he was an employee of the owners and was outside the course and scope of his employment. Because that is not a defense to the claims alleged in the complaint, we vacate the judgment of the district court.

I.

Fac... More...
   $0 (11-30-2011 - ID)

Just's Inc. v. Arrington Construction Company, Inc.

In 1972 defendant respondent Arrington Construction Company and the City of Idaho Falls entered into a contract for the renovation of a five and one-half block portion of the downtown Idaho Falls business area in accordance with Project No. 4B-42, of Local Improvement District (LID) No. 42. The work to be done included the removal and replacement of all streets and sidewalks; the location, removal... More...    $0 (10-04-1978 - ID)

Jose L. Aguilar Jr. v. Nathan Coonrod, M.D.

This case comes before this Court on appeal from a jury verdict entered in a wrongful death case in favor of Jose Aguilar, Guadalupe Aguilar, Alejandro Aguilar, Lorena Aguilar and Jose Aguilar, Jr. (collectively, “the Aguilars”) against Dr. Nathan Coonrod, his employer Primary Health Care Center (Primary Health) and employees of Primary Health (collectively, hereinafter “Dr. Coonrod”). On ... More...    $0 (09-14-2011 - ID)

Jose L. Aguilar, Jr. v. Nathan Coonrod, M.D.

This case comes before this Court on appeal from a jury verdict entered in a wrongful death case in favor of Jose Aguilar, Guadalupe Aguilar, Alejandro Aguilar, Lorena Aguilar and Jose Aguilar, Jr. (collectively, “the Aguilars”) against Dr. Nathan Coonrod, his employer Primary Health Care Center (Primary Health) and employees of Primary Health (collectively, hereinafter “Dr. Coonrod”). On ... More...    $0 (09-14-2011 - ID)

Timm Adams v. United States of America

In 1999 and 2000, the federal Bureau of Land Management (“BLM”) applied the herbicide Oust to approximately 70,000 acres of federal lands in South Central Idaho in an effort to combat a devastating wildfire cycle. Wind carried some of the Oust off the federal land and onto privately owned farmland nearby. The herbicide caused significant damage to the crops on these farmlands. The Plaintiffs i... More...    $0 (09-08-2011 - ID)

James M. Phillips v. Milt E. Erhart

This is an appeal from a judgment against landlords awarding damages resulting from injuries suffered from falling down a flight of stairs in the leased premises. The issues raised are whether there was sufficient evidence to support the jury’s finding of causation and of willful or reckless conduct by a defendant and whether the district court abused its discretion in failing to grant a new tri... More...    $0 (05-25-2011 - ID)

Farm Bureau Mutual Insurance Company of Idaho v. John Schrock

This is an appeal from a declaration of no coverage under an umbrella policy issued by Farm Bureau Mutual Insurance Company of Idaho (“Farm Bureau”) to John and Lisa Schrock for a claim brought by their daughter Stacy Schrock. We affirm.

I.

Facts and Procedural History

Farm Bureau issued two insurance policies to John and Lisa Schrock, the City Squire Policy (the “Squire... More...
   $0 (03-22-2011 - ID)

Bruce Tiegs v. Darrell L. Robertson

In July 2003, Robertson allowed Dustin M. Kukla to borrow a tractor and hay baler to complete a job baling straw for which Kukla had been hired by another party. Robertson was aware that the rear lights on the baler were not operational. Before loaning Kukla the equipment for free, Robertson had him demonstrate that he could operate it properly by completing a portion of Robertson’s own field. D... More...    $0 (07-09-2010 - ID)

Mildred Castorena v. General Electric

This action, consolidated on appeal, arises out of grants of summary judgment in favor of defendant-respondent corporations (General Electric, et al.; A.W. Chesterton Co., et al.; and FMC Corp., et al.) (collectively, ―Respondents‖) on the grounds that the plaintiffs-appellants‘ (Mildred Castorena, et al.; Willis E. Norton, Sr.; and John D. Adamson, et al.) (collectively, ―Appellants‖) w... More...    $0 (08-18-2010 - ID)

Brian and Christie, P.C. v. Leishman Electric, Inc.

This is an appeal from a judgment dismissing a claim for negligence in performing electrical work that caused a fire resulting in substantial damage to a restaurant and its contents. The district court dismissed this action on the ground that the claim was for purely economic damages and was barred by the economic loss rule. We vacate the judgment and remand for further proceedings.

I. FACT... More...
   $0 (11-24-2010 - ID)

Leslie Weinstein v. Prudential Property and Casualty Insurance Company

This is an appeal from a judgment for compensatory damages for breach of an insurance contract, from an award of punitive damages for insurance bad faith, and from the award of attorney fees. The district court ordered a new trial on punitive damages unless the plaintiffs accepted a remittitur, and they cross appeal from that order. We affirm the judgment for compensatory damages, we vacate the aw... More...    $0 (06-01-2010 - ID)

Wayne Dawson v. Cheyovich Family Trust

Wayne Dawson appeals from various district court orders that resulted in John N. Bach receiving a three-quarter interest in certain real property. We remand the case to the district court for it to rule on Dawson‘s I.R.C.P. 60(b)(6) motion.

I.

On December 18, 2001, attorney Alva Harris, purportedly on behalf of Wayne Dawson and Jack Lee McLean,1 initiated a quiet-title action again... More...
   $0 (06-04-2010 - ID)

Ralph H. Henderson v. Henderson Investment Properties, L.L.C.

Appellant, Ralph Henderson (Ralph), his deceased wife, Lena Henderson (Lena), along with Respondents, their son, Roger Henderson (Roger), and daughter-in-law, Lisa Henderson (Lisa), created a business known as Henderson Investment Properties, L.L.C. (HIP). The sole purpose of HIP was to operate a Jimmie John‟s Gourmet Sandwich Shop in Pocatello, Idaho. When forming HIP, all four parties signed a... More...    $0 (11-30--0001 - ID)

Storey Construction, Inc. v. Tom Hanks and Rita Wilson, husband and wife; and Lily Reeves

This is an appeal from an order permanently enjoining arbitration regarding a construction contract on the ground that the claims alleged in the arbitration were barred by res judicata. The party seeking arbitration had asserted a counterclaim for construction defects in a prior arbitration and that counterclaim had been denied by the arbitrators. The district court held that the award barred all ... More...    $0 (09-30-2009 - ID)

Kootenai Electric Cooperative, Inc. v. The Lamar Corporation

Kootenai Electric Cooperative, Inc. (KEC) appeals from the district court’s summary judgment dismissal of its claim for repayment from The Lamar Corporation and The Lamar Company, L.L.C. (Lamar) of the amount that KEC paid pursuant to a judgment in a personal injury case. The judgment was rendered against KEC for injuries that James E. Kuntz suffered when he came into contact with one of KEC’s... More...    $0 (10-02-2009 - ID)

Rebecca Cramer v. Cristin Slater, M.D., Idaho Cetner For Reproductive Medicine, P.C., and K.C. Crowley

This appeal arises from an action filed by Rebecca Cramer (Rebecca) against Cristin Slater, M.D., Idaho Center for Reproductive Medicine, PC (ICRM), K.C. Crowley, R.N., Russell Foulk, M.D., Joel Swanson, M.D., Associated Regional and University Pathologists Laboratories (ARUP), and Interpath Laboratory, Inc. (Interpath) for the wrongful death of her husband, Curt Cramer (Curt), and the negligent i... More...    $0 (03-05-2009 - ID)

Idaho Counties Risk Management Program Underwriters v. Northland Insurance Company

This case arises out of an insurance dispute. Idaho Counties Risk Management Program Underwriters (ICRMP) appeals the district court‘s grant of summary judgment in favor of ICRMP‘s insurer, Northland Insurance Companies (Northland), holding that Northland had no duty to reimburse ICRMP for costs it incurred on behalf of its insureds in the defense and settlement of a lawsuit filed by Donald M.... More...    $0 (05-14-2009 - ID)

Michael Anthony Jones v. Richard E. Crawforth, bankruptcy trustee for B&B AUTOTRANSFUSION SERVICES, INC.

Appellant B&B Autotransfusion Services, Inc. (B&B) appeals the judgment entered in a medical malpractice/wrongful death case filed by Respondents Michael Anthony Jones, individually and as guardian ad litem for Rhys Alexander Jones and Moira Eibhlin Jones; Lynne Royer; Kim Royer; and Harold Bowers (Respondents) after the death of Lori Jones during surgery at HealthSouth Treasure Valley Hospital (T... More...    $0 (04-08-2009 - ID)

Robert Gray v. Tri-Way Construction Services, Inc., et al.

This dispute arises out of an alleged employment contract between Appellant Robert Gray and Respondents Tri-Way Construction Services, Inc., a Washington corporation; and Ray Allard, Kathy Peterson and Gary Peterson, as individuals (collectively Tri-Way). Gray appeals from the district court‘s order of summary judgment in favor of Tri-Way on his breach of contract, equitable estoppel, statutory... More...    $0 (04-27-2009 - ID)

Bob Backman v. Thomas L. Lawrence and Debra A. Lawrence

Appellants Bob and Rhonda Backman (the Backmans) seek access to their property in Bonner County via roadways that pass over land owned by Respondents Thomas and Debra Lawrence, James and Linda Spagon, Keith and Priscilla Lloyd, Bruce and Deborah Johnson, Weston Millward, Gregory and Theresa Zirwes, Christopher Bessler, Patrick and Michelle McKenna, Christopher and Susan Grant, and Kevin Schrader (... More...    $0 (05-12-2009 - ID)

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