Latest 5 Cases: Gomez v. Crookham (Agriculture Law), Eldridge v. West, Turpin & Summit (Civil Procedure), Wood v. Farmers Insurance Co of Idaho ...

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

Read More

Gomez v. Crookham

Docket: 45542

Opinion Date: December 20, 2019

Judge: Moeller

Areas of Law: Agriculture Law, Business Law, Labor & Employment Law, Personal Injury, Products Liability

Francisca Gomez died as the result of a horrific industrial accident while she was cleaning a seed sorting machine as part of her employment with the Crookham Company (“Crookham”). Her family (the Gomezes) received worker’s compensation benefits and also brought a wrongful death action. The Gomezes appealed the district court's decision to grant Crookham’s motion for summary judgment on all claims relating to Mrs. Gomez’s death. The district court held that Mrs. Gomez was working within the scope of her employment at the time of the accident, that all of the Gomezes’ claims were barred by the exclusive remedy rule of Idaho worker’s compensation law, that the exception to the exclusive remedy rule provided by Idaho Code section 72-209(3) did not apply, and that the Gomezes’ product liability claims failed as a matter of law because Crookham was not a “manufacturer.” In affirming in part and reversing in part, the Idaho Supreme Court determined the trial court erred when it failed to consider whether Crookham committed an act of unprovoked physical aggression upon Mrs. Gomez by consciously disregarding knowledge that an injury would result. As such, the matter was remanded to the district court for further proceedings.

Eldridge v. West, Turpin & Summit

Docket: 45214

Opinion Date: December 20, 2019

Judge: Stegner

Areas of Law: Civil Procedure, Health Law, Medical Malpractice, Personal Injury

This was a permissive appeal brought by Phillip and Marcia Eldridge1 in a medical malpractice action they filed against Dr. Gregory West (West), Lance Turpin, PA-C (Turpin), and Summit Orthopaedics Specialists, PLLC (Summit). The Eldridges alleged that Phillip became infected with Methicillin-Resistant Staphylococcus Aureus (MRSA) as a result of malpractice committed by West, Turpin, and agents of Summit. The Eldridges claimed West and Turpin breached the standard of care that was due them and as a result, sustained damages. The district court granted various motions, including a motion to dismiss certain causes of action against West, Turpin, and Summit, as well as a motion for summary judgment brought by Turpin and Summit, and a motion for partial summary judgment brought by West. On appeal, the Eldridges contended the district court erred in: (1) dismissing their claims for negligent and intentional infliction of emotional distress, gross negligence, and reckless, willful, and wanton conduct; (2) denying their motion to strike the affidavits of West and Turpin; (3) limiting their claim for damages; and (4) concluding that the Eldridges could only present evidence of damages, specifically medical bills, after the Medicare write-offs had been calculated. The Idaho Supreme Court concurred with the Eldridges, reversed the district court and remanded for further proceedings.

Wood v. Farmers Insurance Co of Idaho

Docket: 46765

Opinion Date: December 20, 2019

Judge: Brody

Areas of Law: Civil Procedure, Insurance Law, Personal Injury

Deena Wood was seriously injured in a car collision. At the time of the collision, Wood had auto insurance through Farmers Insurance Company of Idaho, which included $100,000 of underinsured motorist ("UIM") coverage but also contained a provision stating that the amount of coverage would be reduced by the liability limit of the at-fault driver. Because the at-fault driver’s bodily injury liability limit was equal to Wood’s underinsured motorist limit, Farmers determined that no underinsured benefits were owed to Wood. Wood challenged the denial in district court, arguing in a motion for reconsideration that the offset provision should be declared void as against public policy because it “diluted” UIM coverage. The district court rejected Wood’s argument. Finding no reversible error, the Idaho Supreme Court affirmed the district court’s decision.

Jane Doe I and John Doe I v. Jane Doe

Docket: 47250

Opinion Date: December 20, 2019

Judge: Moeller

Areas of Law: Family Law

This case arose out of a private action by grandparents seeking to terminate the parental rights of a mother (their daughter) to her child (their grandchild). Grandparents sought termination of Mother’s rights to Child on the grounds Mother abandoned Child, Mother neglected Child, and that termination of Mother’s parental rights was in Child’s best interests. Following the trial, the magistrate court granted the Grandparents’ petition, ultimately concluding that Mother’s conduct met the definitions of abandonment and neglect set forth in sections 16-2002(5) and 16-1602(31) of the Idaho Code. The magistrate court further concluded that termination of Mother’s parental rights was in Child’s best interests. Finding no reversible error, the Idaho Supreme Court affirmed.

Papin v. Papin

Docket: 45277

Opinion Date: December 20, 2019

Judge: Moeller

Areas of Law: Family Law

The issue this case presented for the Idaho Supreme Court's review stems from the complex divorce between Jerry and Veronika Papin. Jerry appealed the district court’s decision, which affirmed in part the judgment of the magistrate court dividing the marital estate. On appeal, Jerry argued the district court erred in affirming several of the magistrate court’s rulings, including: (1) its holding that the marriage settlement agreement was invalid; (2) its holding that the community was entitled to reimbursement for the funds expended towards the mortgage and property taxes on Jerry’s separate property home; (3) its characterization of certain property as either separate or community; (4) its valuation of certain property; (5) its award of spousal maintenance to Veronika; and (6) its award of attorney fees to Veronika. The Supreme Court affirmed in part, reversed in part, and remanded for further proceedings. The Court affirmed the district court’s ruling that the marriage settlement agreement failed for lack of consideration, but on the alternate theory that there was no consideration as between Jerry and Veronika. Likewise, the Court affirmed the district court’s rulings concerning the characterization of the sale proceeds and the business as community property, the valuations of the business, the determination that the community was entitled to reimbursement for the funds expended towards the mortgage and property taxes on Jerry’s separate property home, the division of the remaining personal property, the grant of spousal maintenance, and the grounds for the divorce. However, the Court reversed the district court’s decision on attorney fees and remanded to the district court with instructions to reverse and remand to the magistrate court for further proceedings. No attorney fees or costs were awarded on appeal.