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Idaho Discovery Law
Kenton D. Johnson v. Highway 101 Investments, LLC

The dominant owners of an easement appeal from an adverse grant of summary judgment dismissing all of their claims, which were premised on the servient owner’s construction of a permanent sign within the easement. The sign effectively reduced the width of the easement from twenty-five feet to nineteen feet at one point along its length. On appeal, the dominant owners argue that the district cour... More...   $0 (02-07-2014 - ID)

Craig E. Peterson v. Wesley J. Gentillon

Appellants Lamon “Mont” and Lori Gentillon as well as Wes and Connie Gentillon (the Partnership) appeal from the district court’s order granting title to all but .34 acres of a disputed parcel of land and a 30-foot easement in favor of Craig and Janice Peterson (the Petersons) in an action to quiet title to certain portions of riparian and agricultural land in Bingham County, Idaho. In 1998,... More...   $0 (02-26-2013 - ID)

Buku Properties, LLC v. Raoel H. Clark

This is an appeal from the district court’s grant of summary judgment in favor of Buku Properties, LLC. Buku initiated this lawsuit to recover earnest money deposits from Raoel and Janet Clark and Jerry and Betty Peterson (collectively “Appellants”), after two codependent land sale contracts involving Buku and Appellants failed to close. We affirm.


   $0 (12-21-2012 - ID)

Gary Duspiva v. Clyde Fillmore

Gary Duspiva, a well driller, initiated this suit against Clyde and John Fillmore to recover money that he claimed to be owing for well drilling services. The Fillmores counterclaimed, alleging Duspiva violated the Idaho Consumer Protection Act1 (ICPA). The matter proceeded to a court trial. The district court found that Duspiva’s conduct violated the ICPA and granted judgment in favor of the Fi... More...   $0 (01-23-2013 - ID)

CDA Dairy Queen, Inc. v. State Insurance Fund

CDA Dairy Queen, Inc. and Discovery Care Centre, LLC of Salmon (collectively, Dairy Queen) filed a class action against the Idaho State Insurance Fund (SIF) seeking a declaratory judgment that SIF violated Idaho Code § 72-915 by failing to distribute premium rate readjustments on a pro rata basis. The district court granted SIF’s motion for summary judgment, finding that the Idaho Legislatureâ€... More...   $0 (01-23-2013 - ID)

Boise Mode, LLC v. Donahoe Pace & Partners, Ltd.

This appeal arises from a commercial lease dispute. Boise Mode, LLC leased space in its building to Donahoe Pace & Partners, Ltd. (DPP). Timothy Pace executed a personal guarantee for the lease. During the term of the lease, Boise Mode remodeled part of the building for another tenant. After raising concerns to Boise Mode about the adverse effects of the construction to its business, DPP eventuall... More...   $0 (01-24-2013 - ID)

Tanner Mickelsen v. Broadway Ford, Inc.

This case comes before this Court from the district court’s grant of summary judgment against Tanner Mickelsen (Mickelsen) and for Broadway Ford, Inc. (Broadway Ford). Mickelsen, who had leased a truck from Broadway Ford, brought a complaint alleging fraud in the inducement and asking for rescission based on that fraud or, alternatively, on mutual mistake. The district court granted summary judg... More...   $0 (06-15-2012 - ID)

Frank Ronald Marek v. Earl A. Lawrence

This case concerns the appeal of Frank Ronald Marek and Gayle Marek (the Mareks) of the district court’s decision and judgment decreeing the locations of two boundary lines in dispute between the Mareks and Earl A. Lawrence and Sandra L. Lawrence (the Lawrences). As the deed at question in this appeal was unambiguous, we find that the district court impermissibly consulted evidence outside of th... More...   $0 (05-30-2012 - ID)

Jose Manuel Carrillo v. Boise Tire Company

Jose and Nayeli Carrillo, father and daughter, sued Boise Tire Co. (Boise Tire), alleging that Boise Tire improperly performed a tire rotation on their vehicle and that as a result, the Carrillos and Marisela Lycan, Jose’s partner and Nayeli’s mother, were in a motor vehicle accident. Marisela was killed, Jose was injured, and eighteen-month old Nayeli underwent testing that revealed no physic... More...   $0 (04-13-2012 - ID)

Kristeen M. Elliott v. Joseph M. Verska, M.D.

This is an appeal from a partial judgment dismissing this action as to two defendants on the ground that they had not been served with process within six months of the date that the complaint was filed as required by Idaho Rule of Civil Procedure 4(a)(2). We affirm the judgment of the district court.


Factual Background

In October 2007, Joseph M. Verska, M.D., performed two ... More...
   $0 (01-05-2012 - ID)

Bob Henry v. Bryan F. Taylor

This is an appeal from a judgment holding that records relating to a contract executed by a county, a former county prosecuting attorney, and a city under which the prosecuting attorney would perform prosecutorial services for the city using county employees are not public records subject to disclosure under the Public Records Act. We hold that such records are public records, but in this case the... More...   $0 (01-05-2012 - ID)

Minor Miracle Productions, LLC v. Randy Starkey

Minor Miracle Productions, LLC, (MMP) is the limited liability company responsible for the film “The Hayfield.” MMP is composed of David Richards, who provided a filming location and funding for the film, and Randy Starkey, who wrote and directed the film. After the film was completed, Starkey refused to turn over possession of the film and various pieces of equipment from the film. MMP brough... More...   $0 (01-05-2012 - ID)

Ronald R. McCann v. William V. McCann

This case involves an ongoing dispute between Ron McCann (Ron) and his brother William McCann, Jr. (Bill) concerning the operation of McCann Ranch & Livestock Company, Inc. (Corporation), a closely-held corporation created by their father, William McCann, Sr. (William, Sr.). In 1997, William, Sr.’s shares passed to a trust set up to benefit his wife Gertrude McCann (Gertrude), with Gary Meisner ... More...   $0 (01-10-2012 - ID)

Harris, Inc. v. Foxhollow Construction & Trucking, Inc.

This case involves an action for breach of contract and attendant claims of breach of the covenant of good faith and fair dealing, unjust enrichment, fraud, and indemnification. After a bench trial, Harris, Inc. (Harris), the plaintiff, lost on all claims. We affirm the district court’s judgment, except for its attorney fee awards, which we vacate.



In early 200... More...
   $0 (11-02-2011 - ID)

Paul J. Montalbano, M.D. v. Saint Alphonsus Regional Medical Center

This case concerns a permissive appeal from the district court’s interlocutory entry of a protective order, holding that certain documents related to the suspension of Appellant Paul J. Montalbano’s privileges at Saint Alphonsus Regional Medical Center (SARMC) are not discoverable by Montalbano. The interlocutory order comes from Dr. Montalbano’s lawsuit filed against SARMC in district court... More...   $0 (11-18-2011 - 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)

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)

Janet Bell Nightengale v. Kevin Matthew Timmel, M.D.

Janet Bell Nightengale brought a medical malpractice action against Dr. Kevin Timmel, an emergency room doctor who treated her in July 2007. Dr. Timmel failed to diagnose a clot in one of Nightengale’s vascular arteries. That condition cut off circulation to Nightengale’s left arm, eventually requiring its amputation above the elbow. At trial, the jury returned a special verdict finding that D... More...   $0 (07-11-2011 - ID)

Elizabeth Antim v. Fred Meyer Stores, Inc.

Elizabeth Antim appeals from the district court’s dismissal of her claims of negligence and negligent supervision against Fred Meyer Stores, Inc. and Cleaning Services Group, Inc. (CSG). Specifically, Antim asserts that the district court erred by granting Fred Meyer’s and CSG’s motions for summary judgment. Antim also appeals from the district court’s order denying her motion for reconsid... More...   $0 (03-30-2011 - ID)

Patrick Stuard v. Samuel Jorgenson, M.D.

Respondent Dr. Samuel Jorgenson, M.D., negligently performed a spinal surgery on Appellant Patrick Stuard on July 15, 2004. Stuard’s symptoms subsided after the surgery and Dr. Jorgenson did not realize he had negligently operated at the wrong spinal level until over two years later. The parties dispute whether, for purposes of the two-year statute of limitations, the cause of action accrued at ... More...   $0 (04-01-2011 - ID)

George Davidson v. Jesyca Hood Davidson

George Davidson (Davidson) appeals from the district court’s orders dismissing his complaint as to respondent John Prior (Prior); granting summary judgment as to respondent Benjamin Puckett (Benjamin), and partial summary judgment as to respondent Jesyca Hood Davidson (Jesyca); as well as dismissing the remainder of his claims against respondents Jesyca and Kathy Guthrie (Kathy).

   $0 (01-26-2011 - 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)

Villa Highlands, LLC v. Western Community Insurance Company

This case involves a dispute over an insurance claim filed by Appellant Villa Highlands, LLC (Villa Highlands) under its builder‟s risk insurance policy issued by Western Community Insurance Co. (Western Community) and Farm Bureau Insurance Company of Idaho (Farm Bureau). 1 In May 2006, during construction, the Villa Highlands building was destroyed by fire. Thereafter, a dispute and litigation ... More...   $0 (02-09-2010 - ID)

John Doe v. Boy Scouts of America

The Boy Scouts of America and the Ore-Ida Council, Inc., Boy Scouts of America (collectively the BSA) were granted a permissive interlocutory appeal to challenge the district court’s ruling that the claims asserted in this case by Ronald Morgan, John Doe I, and John Doe II (collectively the Does) are not barred by the statute of limitations. We reverse and remand for further proceedings.
   $0 (01-27-2010 - ID)

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

This is an appeal from a judgment against a general partner for wrongful dissociation, breach of a noncompete clause, breach of the covenant of good faith and fair dealing, intentional interference with prospective contractual relations or business expectations, breach of fiduciary duties, and civil conspiracy. We vacate the judgment and remand this case for further proceedings.

I. BACKGROU... More...
   $0 (10-21-2009 - ID)

Vaughn Schmechel v. Clinton Dille, M.D., et al.

This is an appeal from a district court‟s decision denying a new trial after it entered judgments on a jury verdict finding that Dr. Clinton DillĂ©, M.D., and Mr. Thomas Byrne, P.A., were not negligent in their medical treatment of Rosalie Schmechel, who died shortly after coming under their care at the Southern Idaho Pain Institute (SIPI) in 2003. Mrs. Schmechel‟s surviving spouse and childre... More...   $0 (10-26-2009 - ID)

Melinda Coombs v. Adrian Curnow, M.D., and Russell Griffiths, M.D.

This is an appeal from the district court‘s entry of judgment notwithstanding the verdict (j.n.o.v.) in favor of respondents in a medical malpractice case after the district court found that the appellants‘ expert testimony regarding causation was scientifically unreliable. Because we find that the district judge impermissibly weighed the evidence in considering respondents‘ motion and that ... More...   $0 (10-13-2009 - ID)

Christianne Vreeken v. Lockwood Engineering, B.V., et al.

This action involves a dispute over the parties‟ respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file ... More...   $0 (10-21-2009 - ID)

Jerry Losee v. The Idaho Company

This is an appeal from a grant of partial summary judgment in favor of Jerry and JoCarol Losee declaring a promissory note and deed of trust null and void. We vacate and remand.


In September 2003, Jerry and JoCarol Losee entered into an Operating Agreement and Membership Interest Purchase Agreement with the Idaho Company to create Sky Enterprises, LLC. The purpose of Sky Enter... More...
   $0 (10-20-2009 - ID)

Camarie Mangum v. Action Collection Service, Inc. dba Action Collection; Bonneville Billing & Collection, Inc.; city of Pocatello; Don Furu

Camarie Mangum appeals the district court’s determination that her action against Bonneville Billing & Collections, Inc. (“Bonneville”), under the Fair Debt Collection Practices Act (“FDCPA”)1, was barred by the statute of limitations2 and that the discovery rule doctrine could not apply as a matter of law. That led to a grant of summary judgment3 against her.4 Mangum also appeals the di... More...   $0 (08-04-2009 - ID)

Ed Terrazas and Jackie Weseloh v. Blaine County, Idaho

This appeal arises from a petition for judicial review concerning a county board’s denial of a subdivision application. Appellants Ed Terrazas and Jackie Weseloh (Applicants) appeal the district court’s order affirming Respondent Blaine County Board of County Commissioners’ (Board) decision denying Applicants’ subdivision application. We affirm the decision of the district court.

I.... More...
   $0 (04-15-2009 - 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)

Kenneth E. Thomson v. Craig Olsen, M.D.

Kenneth Thomson (Appellant) filed a lawsuit alleging that Dr. Craig Olsen (Respondent) committed medical malpractice. The jury returned a verdict for Respondent, concluding he did not breach the applicable standard of care in his treatment of Appellant. On appeal, Appellant argues the district court committed error by 1) allowing Respondent’s counsel to ask potential jurors to rate themselves on... More...   $0 (04-03-2009 - ID)

Banner Life Insurance Company v. The Mark Wallace Dixson Irrevocable Trust; and Tammie Sue Dixon

Tammy Dixson and The Mark Wallace Dixson Irrevocable Trust filed competing claims to the proceeds of a term life insurance policy insuring the life of Tammy‟s deceased husband, Mark Dixson. The insurance company, Banner Life Insurance Company (BLI), filed a complaint for interpleader asking the district court to resolve the competing claims. Tammy and the Trust subsequently filed cross-motions f... More...   $0 (04-03-2009 - 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)

Rodney Peterson v. William R. Shore and Roberta S. Shore

Rodney Peterson appeals from the district court’s order denying his motion for summary judgment and granting summary judgment in favor of William R. Shore and Roberta S. Shore. The Shores cross-appeal from the district court’s order denying their motion for attorney fees. For the reasons stated below, we affirm the summary judgment but reverse the denial of attorney fees and remand for additio... More...   $0 (11-12-2008 - ID)

Truckstop.net, LLC v. Sprint Corproation, Spring Communications Company, L.P.

The threshold issue in this appeal is a rather straightforward question: Do we have appellate jurisdiction under the collateral order doctrine to review a district court’s interlocutory order addressing whether an inadvertently disclosed e-mail is protected by the attorney-client privilege? We hold that because the allegedly privileged information has already been disclosed we do not have jurisd... More...   $0 (10-29-2008 - ID)

Robert B. Posey v. Lake Pend Oreille School District No. 84; Board of Trustees, Lake Pend Oreille School District No. 84; Jim Soper, Building Principal

This case requires us to determine whether, following the Supreme Court’s recent decision in Garcetti v. Ceballos, 547 U.S. 410 (2006), the inquiry into the protected status of speech in a First Amendment retaliation claim remains a question of law properly decided at summary judgment or instead now presents a mixed question of fact and law. Plaintiff Robert Posey sued Lake Pend Oreille School D... More...   $0 (10-17-2008 - ID)

Rhino Metals, Inc. v. Howard Craft and H&S Hunting

This is an appeal from an order dismissing the action for lack of personal jurisdiction. We hold that the defendants made a general appearance by filing a motion to strike the plaintiff’s amended complaint, and therefore vacate the judgment dismissing this action.


Howard Craft (Craft) is co-owner of H&S Hunting, a store located in Elizabethton, Tenne... More...
   $0 (09-24-2008 - ID)

Carolyn Boots, et al. v. Jack and Karen Winters

The Winterses rented a residence with a fenced backyard to Mario Martinez in October 2002. Martinez moved into the residence with his family, a white dog, and a brown dog. Near the residence rented to Martinez, Carolyn and William Boots lived with their sons Jason and Landon, who were nine and eleven years old respectively. While Jason and Landon were walking to their school bus stop in the alley... More...   $0 (02-22-2008 - ID)

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