David M. Adamson, et al. v. Arlo Dee Blanchard, et al.

Certified Question - Absolute Immunity for Liability - Animals - This case presents a certified question from the United States
District Court for the District of Idaho. The certified question
is as follows:

Does § 25-2119 of the Idaho Code grant absolute immunity
from liability for negligence to an owner of domestic animals
involved in an accident on a public highway, where the owner
of those animals has established that they were "lawfully" on
the highway at the time of the accident?

Appellants Arlo Dee Blanchard and Richard Blanchard
(Blanchards) were driving their band of approximately 900 sheep
on Highway 20 near Chester, Idaho shortly after sunrise on July
14, 1995. The purpose of the drive was to move the sheep from one
pasture to another located two to three miles away; however, the
sheep only traveled upon Highway 20 for approximately
three-quarters of a mile. The Blanchards drove a pickup in front
of the sheep, with emergency flashers activated and with a
passenger holding a red flag attached to a wooden stick out the
window. Behind the sheep, the Blanchards utilized a pickup towing
a stock trailer, both with emergency signals activated. The
Blanchards also enlisted a sheriff's deputy who drove a patrol
vehicle, with all emergency lights activated, among the band of
sheep, although there was some disagreement between the parties
as to when the deputy arrived to assist.

That morning David Adamson (Adamson) was traveling in his
pickup on Highway 20 in the same direction as the sheep. As he
drove, Adamson saw the sheep and two vehicles stopped behind the
Blanchards' pickup and trailer. Adamson stopped behind the second
vehicle. Defendant Reyes Orozco then approached the stopped
vehicles at a high rate of speed and was apparently unable to
stop in time, driving his 1971 two-ton Chevrolet flatbed truck
into the rear of Adamson's pickup, severely injuring Adamson.

Adamson filed a complaint in federal court against Orozco and
the Blanchards on May 15, 1997, asserting a negligence cause of
action. Orozco failed to appear and default has now been entered
against him. The Blanchards then moved for summary judgment,
asserting I.C. § 25-2119 as a bar to Adamson's negligence
claim. Judge Winmill entered an order which postponed ruling on
the Blanchards' summary judgment motion pending a ruling by this
Court on the certified question.

I.C. § 25-2119 affords an absolute grant of
immunity from liability for negligence to an owner who has
established that his animals were lawfully on the highway.

Unknown

Unknown

This case was before the Supreme Court of Idaho. See: ___ Idaho ___ (1999), ___ P.2d ___. Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.