M ORE L AW
LEXAPEDIA
Home
Verdicts
and
Decisions
Search Database
Recent Cases
Cases By Subject
Report A Case
Lawyers
Search Directory
By State & City
Add A
Lawyer Listing
Court
Reporters
Recent Listings
Search
By States & City
Add A Basic
Reporter Listing
Expert
Witnesses
Recent Listings
Search Directory
By State & Expertise
Add A Basic
Expert Witness
Listing
MoreLaw
Store
The Store
Recent Listings
(Search)
Add A Basic
Classified Ad
Links
County Seats
State Links
Information
About MoreLaw
Contact MoreLaw
Idaho Discovery Law
 
Gregory Hull v. Richard B. Giesler and Idaho Trust Deeds, LLC

Richard Giesler and Idaho Trust Deeds, LLC (collectively “Giesler”) appeal the Twin Falls County district court’s judgment declaring the rights and obligations on a contract. This case arose out of several oral and written agreements between Giesler and Gregory Hull that related to purchasing and subdividing property. After a bench trial, the court found that Hull sold the property to Giesle... More...   $0 (08-06-2014 - ID)

Camp Easton Forever, Inc. v. Inland Northwest Council of Boy Scouts of America

Camp Easton Forever, Inc., (“CEF”) and Daniel and Matthew Edwards (collectively “the Edwardses”) appealed the district court’s grant of summary judgment to Inland Northwest Council Endowment Properties, LLC, and Inland Northwest Council of the Boy Scouts of America (collectively “INWC”). CEF and the Edwardses filed an action to declare the parties’ rights to property INWC owns on L... More...   $0 (08-15-2014 - ID)

Reed J. Taylor v. Richard A. Riley

This is a permissive appeal out of Ada County from an order denying the appellants’ motions for summary judgment. The central issue is whether an attorney who, as counsel for a corporation, issues an opinion letter stating that a stock redemption agreement does not violate the law can be held liable to the shareholder whose stock was redeemed if the opinion was incorrect and the redemption agree... More...   $0 (08-27-2014 - ID)

Francisco Serrano v. Four Seasons Framing

This is an appeal from a decision of the Industrial Commission finding that Francisco Serrano failed to prove that the condition for which he claimed additional benefits was caused by industrial accidents occurring in 2004 and 2008 while he was working for Four Seasons Framing (Four Seasons). We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Serrano worked as a framer for Four Seasons from S... More...
   $0 (08-22-2014 - ID)

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)

Clearwater REI, LLC v. Mark Boling

EISMANN, Justice.
This is an appeal out of Ada County from an order denying a motion to compel nonparties to a contract to arbitrate pursuant to an arbitration clause in the contract. We affirm the order of the district court.
I.
Factual Background.
2
In February 2010, Mark Boling, an attorney residing in California, received a packet dated February 1, 2010, from Clearwater Rea... More...
   $0 (02-11-2014 - ID)

Bradley K. Morgan v. New Sweden Irrigation District

This case arose after New Sweden Irrigation District ("New Sweden") mowed the canal
banks on Bradley Morgan's property. Morgan claimed New Sweden negligently damaged his
property. New Sweden counterclaimed for a declaratory judgment as to its easement's existence
and scope, and then moved for summary judgment. The Bonneville County district court granted
partial summa"ry judgment, ... More...
   $0 (03-13-2014 - ID)

William J. Waters v. All Phase Construction

This is an appeal from the Industrial Commission in a worker’s compensation proceeding in which the Commission held that the claimant had failed to prove that symptoms occurring after his industrial accident were caused by the accident, where following his industrial accident he had been twice injured in non-industrial accidents and refused to provide the medical records regarding those injuries... More...   $0 (03-18-2014 - ID)

Jamee Lee Wade v. Bryan F. Taylor

This appeal arises from a Petition for Access to Public Records filed by Jamee Wade seeking the disclosure of investigatory records in the possession of the Canyon County Prosecuting Attorney’s Office (CCPA). The district court ordered CCPA to produce the records pursuant to the request, but limited disclosure to Wade and his counsel. CCPA timely appealed. We vacate the judgment of the district ... More...   $0 (03-18-2014 - ID)

Marco Antonio Fonseca v. Corral Agriculture, Inc.

This is an appeal from a decision of the Industrial Commission (Commission). The Commission denied Marco Fonseca workers’ compensation benefits after concluding he failed to prove he suffered an accident in September 2010. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
In September 2010, Corral Agriculture, Inc. (Corral) contracted with Williamson Orchards to provide laborers to pick ap... More...
   $0 (03-19-2014 - ID)

Marvin F. Morgan v. Michael Alexander Demos, M.D.

Appellant Marvin F. Morgan appeals the dismissal of his wrongful death action under I.R.C.P. 40(c), as well as an order imposing sanctions against him and his former attorney pursuant to I.R.C.P. 37(a)(4). We affirm the judgment dismissing the case without prejudice but vacate the order granting sanctions.
I.
FACTUAL AND PROCEDURAL BACKGROUND
Marvin F. Morgan, acting through his former... More...
   $0 (03-19-2014 - ID)

Idaho Military Historical Society, Inc. v. Holbrook Maslen and Aeroplanes Over Idaho, Inc.

This is an appeal from the district court’s order of attorney fees against the defendants, Aeroplanes Over Idaho (“AOI”) and Holbrook Maslen (“Defendants”), in a dispute arising from the claim of lien filed by AOI on a PT-23 Fairchild airplane (“Fairchild”) owned by the Idaho
Aviation Hall of Fame (“IAHOF”) and transferred to the Idaho Military Historical Society (“IMHS”)... More...
   $0 (06-17-2014 - ID)

State of Idaho v. George Alan Kapelle

George Alan Kapelle appeals from his judgment of conviction for manufacturing marijuana and unlawful possession of a firearm. Specifically, he argues the district court erred in denying his motion to suppress. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

In July 2011, officers received a confidential tip that a wanted felon was hiding in an abandoned trai... More...
   $0 (05-07-2014 - ID)

State of Idaho v. Jose Guadalupe Perez-Jungo

Jose Guadalupe Perez-Jungo appeals from his judgment of conviction for possession of a controlled substance. Specifically, he alleges that the district court erred in denying his motion to suppress based on the extension of the duration of an investigative detention. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

The following facts were adduced through tes... More...
   $0 (05-20-2014 - ID)

Twylla Robinson v. Connie Mueller

Twylla Robinson appeals from the district court’s grant of summary judgment in favor of Connie Mueller, as personal representative of the Estate of Hazel Marquardt. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Marquardt (the landlord) owned a two-story home and rented the second level as an apartment to a tenant. The apartment’s bedroom contained acce... More...
   $0 (04-01-2014 - ID)

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.

I.

FACTUAL AND PROCEDURAL HIS... More...
   $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.

I.

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.

I.

BACKGROUND

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).

I.
More...
   $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.
More...
   $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)

 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2012 MoreLaw.com, Inc.