Articles Posted in Idaho Supreme Court - Civil

by
This case involved an appeal brought by Aerocet, Inc., and its surety, the State Insurance Fund, in which they appealed an Idaho Industrial Commission decision involving two worker’s compensation claims brought by George McGivney. The Commission awarded McGivney benefits for injuries he sustained to his left knee while working for both Aerocet and Quest Aircraft (Quest). The Referee consolidated the two cases and issued a recommendation that attributed the vast majority of liability to Quest. The Commission rejected the bulk of the Referee’s recommendations and apportioned liability equally between Aerocet and Quest. Aerocet appealed, alleging the Commission inappropriately consolidated McGivney’s two injury claims. Aerocet also argued the Commission failed to determine McGivney’s disability in excess of impairment from his 2011 accident at Aerocet prior to his 2014 accident at Quest, and that the Commission erred in its application of Brown v. Home Depot, 272 P.3d 577 (2012). Aerocet also contended the Commission’s decision was not supported by substantial and competent evidence. After review, the Idaho Supreme Court affirmed the Commission’s decisions. The matter was remanded back to the Commission to enable it to calculate the amount due Quest’s surety from Aerocet’s surety for any amounts overpaid by Quest’s surety. View "McGivney v. Aerocet, Inc" on Justia Law

by
Kevin Smith appealed an Idaho Industrial Commission order that concluded the Idaho Industrial Special Indemnity Fund (ISIF) was not liable to him for worker’s compensation benefits. The Commission determined that Smith failed to prove he was totally and permanently disabled under both the 100% method and the odd-lot worker method. He also appealed a denied motion for reconsideration that was denied by the Commission, where he alleged that the Commission determined disability at a future date rather than the date of the hearing, that it improperly interpreted a report, and that it improperly considered an excluded exhibit. Finding no reversible error, the Idaho Supreme Court affirmed the Commission’s order. View "Smith v. Idaho, Industrial Special Indemnity Fund" on Justia Law

by
Miranda Moser dislocated her right shoulder when she lifted a 24-pack of soda while working as a cashier for Rosauers Supermarkets, Inc. (“Rosauers”). Rosauers accepted the claim even though Moser had a pre-existing history of recurrent instability of her right shoulder. Moser underwent shoulder surgery. Afterward, she continued to suffer from “pseudosubluxation” and her surgeon, Dr. Adam Jelenek, recommended she receive a second opinion from a physician in Seattle. Rather than authorizing the request for referral, Rosauers arranged for Moser to be evaluated by Dr. Michael Ludwig who opined that Moser’s shoulder dislocation likely resulted from her pre-existing condition. Dr. Ludwig concluded that Moser had returned to her pre-injury baseline and that she did not require any further medical care. Rosauers filed a notice of medical exam to be performed by Dr. Joseph Lynch on February 5, 2018. Moser responded with a letter conveying she would not be attending the medical exam. Moser filed a Judicial Rule of Practice and Procedure (“J.R.P.”) 15 petition for a declaratory ruling, seeking an order on whether an employer could compel a claimant to attend an Idaho Code section 72-433 examination without first establishing the claimant was within her “period of disability,” which she argued was limited to a period when she was actually receiving benefits. Thereafter, Moser filed a notice that she would not attend the medical examination Rosauers had scheduled for April 2, 2018. The Commission held that following the claim of an accident, injury, or occupational disease, an employer may require a claimant’s attendance at such a medical examination. Moser appeals the Commission’s order. Finding no reversible error in the Commission’s judgment, the Idaho Supreme Court affirmed. View "Moser v. Rosauers" on Justia Law

by
Bryan Oliveros filed a complaint with the Idaho Industrial Commission (“Commission”) after he was involved in a work related accident at Rule Steel Tanks, Inc. (“Rule Steel”). The accident resulted in the partial amputation of all four fingers on his dominant hand. The Commission awarded Oliveros compensation for a 32% partial permanent impairment (“PPI”) rating but declined to award any additional benefits after it later found his permanent partial disability (“PPD”) rating to be 25%. Oliveros appealed to the Idaho Supreme Court. While the Court concluded the Commission erred when it found Oliveros’ PPI could exceed his PPD, it otherwise affirmed the Commission’s decision. View "Oliveros v. Rule Steel" on Justia Law

by
Arturo Aguilar appealed the Findings of Fact and Conclusions of Law and Order of the Idaho Industrial Commission in which it concluded the Idaho Industrial Special Indemnity Fund (ISIF) was not liable to him for worker’s compensation benefits. Aguilar was born in Mexico, spoke limited English and testified through a translator at his hearing. Aguilar, in the words of the Commission, is “a Mexican National and has resided illegally in the United States since approximately 1986.” Married, Aguilar and his wife had two daughters, the eldest of whom had cerebral palsy and was seriously disabled. Aguilar primarily worked as a manual laborer, including agricultural work, ranch work, and, for the last fifteen to sixteen years prior to the injury giving rise to this claim, concrete and cement work. During this latter line of employment, Aguilar sustained multiple back injuries. On December 11, 2006, Aguilar suffered another low back injury while screeding concrete. Following this latter injury, Aguilar was diagnosed with degenerative disc disease and a disc herniation at the L4-5 level of his spine. Because he was unable to get his pain to abate, he underwent back surgery, which resulted in the fusion of the L4-5 level of Aguilar’s spine. The Industrial Commission (the Commission) found that Aguilar was totally and permanently disabled and that he had pre-existing impairments that constituted subjective hindrances to his employment. However, the Commission rejected Aguilar’s claim that the ISIF was liable for benefits. Specifically, the Commission found Aguilar’s limitations and restrictions had not materially changed following the second injury. Having drawn that conclusion, the Idaho Supreme Court determined the Commission failed to apply the correct legal test in analyzing the ISIF’s liability. The Court also determined the Commission erred by failing to apply the disjunctive test for causation as set out in Idaho Code section 72-332. As a result of these two errors, the order set out in the Commission’s decision was vacated, and the case remanded for further proceedings. View "Aguilar v. Idaho ISIF" on Justia Law

by
In 2010, Kermit Jackson filed a complaint against Jennifer Crow arising from a 2008 automobile collision. No substantive action took place in the trial court until 2016 when Crow moved for summary judgment. In the interim, Crow filed for bankruptcy in 2014 listing Jackson as a potential unsecured creditor with a claim of unknown value. Jackson filed a proof of claim with the bankruptcy court and eventually received his pro rata share of the distribution of Crow’s assets. Crow received a bankruptcy discharge in 2014, releasing her from personal liability on the claim. Afterwards, Jackson proposed to move forward with this case against Crow as a nominal defendant, seeking to secure a judgment in order to recover from Crow’s insurer, rather than Crow personally. Crow’s motion for summary judgment argued that: (1) allowing Jackson’s case to go forward against her violated the permanent discharge injunction of 11 U.S.C. secs. 524 and 727; (2) even if this procedure did not violate the Bankruptcy Code’s permanent injunction, naming her as a nominal defendant was (a) not permitted by Idaho case law, the Idaho Rules of Civil Procedure, and Idaho’s no-direct-action rule, and (b) violated the Bankruptcy Code’s policy of providing her a financial “fresh start.” In a case of first impression, the district court ruled in favor of Crow, reasoning that allowing the case to proceed against Crow would violate 11 U.S.C. 524 by impermissibly causing negative economic consequences for Crow. The district court further reasoned that allowing Jackson to proceed directly against Crow’s insurer would violate the no-direct-action rule and permitting Jackson to proceed against Crow nominally was not permitted by the Idaho Rules of Civil Procedure or this Court’s precedent. The Idaho Supreme Court concluded the district court erred in granting Crow summary judgment: the district court misapplied the no-direct-action rule in this case. The judgment was vacated and the matter remanded for further proceedings. View "Jackson v. Crow" on Justia Law

by
The Idaho Supreme Court considered a permissive appeal that presented a case of first impression regarding whether the tort of defamation by implication existed in Idaho. Respondent James Verity was a school teacher in Oregon who lost his teaching license after engaging in an inappropriate relationship with an eighteen-year-old female student, whom he coached at the local high school. He eventually obtained a teaching license in Idaho, and began teaching shortly thereafter. When he was forced to resign his teaching job in Idaho after USA TODAY, KTVB, KGW, Tami Tremblay, and Stephen Reilly published articles and broadcast news reports describing Verity’s misdeeds, he and his wife Sarahna Verity filed a lawsuit alleging defamation by implication. The district court denied the media’s motion for summary judgment and ruled that despite the actual truth of the statements, reasonable minds could find that the media impliedly defamed the Veritys. The media appealed that decision as a permissive appeal under Idaho Appellate Rule 12. The Supreme Court affirmed the district court’s conclusion that Verity was not a public official or a public figure, and affirmed the district court’s conclusion that a reasonable jury could find that KGW impliedly defamed Verity about his having a sexual relationship with a minor. The Court reversed the district court on all of Verity’s remaining claims and remanded for further proceedings. View "Verity v. USA Today, et al" on Justia Law

by
2M Company Inc. (“2M”) appealed an Industrial Commission (“Commission”) decision that determined Matthew Atkinson was entitled to reasonable medical benefits for injuries he sustained in an accident on his way to work. The Commission found that an exception to the “going and coming” rule applied based on 2M’s intent to compensate Atkinson for his travel time while going to or coming from work. 2M and its surety, Employer Assurance Company, appealed. Finding no reversible error, the Idaho Supreme Court affirmed the Commission's determination. View "Atkinson v. 2M Company, Inc." on Justia Law

by
Nearly two years after their car was rear-ended by the Guthmillers, the Crawfords filed a complaint seeking to recover against the Guthmillers. In the six months following the filing of the complaint, the Crawfords attempted to effect service on the Guthmillers at the address the Crawfords found on various internet websites. On the last day of the six-month window to effect service of process, the Crawfords filed a motion seeking to extend the time to effect service for ninety days or to serve by publication. The district court determined the Crawfords had not shown good cause for failing to serve the Guthmillers within the allowed six-month time frame. Thus, the district court entered judgment dismissing the Crawfords’ claims without prejudice. The Crawfords timely appealed, but finding no reversible error, the Idaho Supreme Court affirmed. View "Crawford v. Guthmiller" on Justia Law

by
The family of Mrs. Francisca Gomez (the Gomezes) appealed a district court decision granting Crookham Company’s (Crookham) motion for summary judgment on all claims relating to Mrs. Gomez’s death. Crookham is a wholesale seed distributor located in Caldwell, Idaho. Mrs. Gomez was an employee of Crookham for more than thirty years before her death. In early 2015, Crookham decided that a new picking table was necessary to sort seeds more efficiently. A Crookham employee fabricated the new table and it was installed in the company’s “Scancore” room in late 2015. Although OSHA had previously cited Crookham for violating machine guard safety standards and lockout-tagout protocol with its former picking tables, the new picking table’s drive shaft was not fully guarded and Crookham did not perform the required lockout-tagout procedures while employees cleaned the table. While working in the Scanscore room, Mrs. Gomez was under the picking table attempting to clean it when the table’s exposed drive shaft caught her hair and pulled her into the machine. She died as a result of her injuries. OSHA subsequently investigated Crookham and issued “serious” violations to the company because it exposed its employees to the unguarded drive shaft without implementing lockout-tagout procedures. The district court held that Mrs. Gomez was working in 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 fail as a matter of law because Crookham is not a “manufacturer.” Finding no reversible error in the district court's judgment, the Idaho Supreme Court affirmed. View "Gomez v. Crookham" on Justia Law